Why Is An AMHP Important To Retain A Person In Hospital?
Under the MHA 1983, an approved mental health professional can make the decision to detain a person in hospital. This rests on the recommendations of two doctors (one in an emergency), An application is considered legally justified if a person is assessed as having a “mental disorder” of a nature or degree warranting his or her detention in hospital in the interests of his or her health or safety, or protection of others.
Looking at his chronology of events of the service user has committed. They should not be treated as criminals, the service user has got serious problems and has not be cared for enough that’s why he keeps comiting crime. Just say in order to be sanctioned you have to ba harm to others and yourself
Basis for threshold …show more content…
This will involve numerous tasks, such as arranging for the two doctors to assess the person; arranging for an ambulance to convey the person to hospital; and deciding whether the police should be present. There is also a legal obligation on the AMHP to attempt to identify the person’s Nearest Relative as defined in section 26 of the Act. An AMHP making an application for detention under section 2 of the Mental Health Act must take such steps as are practicable to inform the Nearest Relative that the application is to be made and of the Nearest Relative’s power to discharge the patient.
Who is a nearest relative.
All of these components have been subject to case law; for example, in the case TTM v London Borough of Hackney East London NHS Foundation Trust (2011), the Court of Appeal found that an AMHP did not act reasonably in concluding that there was no objection from the Nearest Relative and so the admission under section 3 was unlawful. An important point to note is that although an AMHP acts on behalf of the Local Authority, they must exercise their own judgement, based on social and medical evidence, when deciding whether to apply for a patient to be detained under the
Looking at his chronology of events of the service user has committed. They should not be treated as criminals, the service user has got serious problems and has not be cared for enough that’s why he keeps comiting crime. Just say in order to be sanctioned you have to ba harm to others and yourself
Basis for threshold …show more content…
This will involve numerous tasks, such as arranging for the two doctors to assess the person; arranging for an ambulance to convey the person to hospital; and deciding whether the police should be present. There is also a legal obligation on the AMHP to attempt to identify the person’s Nearest Relative as defined in section 26 of the Act. An AMHP making an application for detention under section 2 of the Mental Health Act must take such steps as are practicable to inform the Nearest Relative that the application is to be made and of the Nearest Relative’s power to discharge the patient.
Who is a nearest relative.
All of these components have been subject to case law; for example, in the case TTM v London Borough of Hackney East London NHS Foundation Trust (2011), the Court of Appeal found that an AMHP did not act reasonably in concluding that there was no objection from the Nearest Relative and so the admission under section 3 was unlawful. An important point to note is that although an AMHP acts on behalf of the Local Authority, they must exercise their own judgement, based on social and medical evidence, when deciding whether to apply for a patient to be detained under the