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mental health act section 2

The duty to provide aftercare also applies if you are given section 17 leave or are under a community treatment order. This is a civil section for assessment (or for assessment followed by treatment). The main purpose of the law is to regulate the involuntary admission of people into a psychiatric hospital. What do the Mental Health Act sections mean? Sections 135 and 136 of the Act give certain powers to the police. This section concerns the duty to provide after care for people who are subject to certain sections of the Act in order to support their mental health for as long as they require it; Service user does not have to pay for the services provided under Section 117; To stop it must be discharge by Local Authority and Clinical Commissioning Group. These are formal and legal documents, once signed they are legal and they contain an explanation of the assessment and why hospital admission is recommended in this case and why this cannot be provided in the community. The Approved Mental Health Professional is in the majority of cases the “applicant” for Section 2 under the Mental Health Act. Published 24/04/2018. We are a national law firm specialising in Mental Health. SCT Part 2 SCT Part 3 SCT Recall SCT Revocation Part 2 SCT Revocation Part 3 Section 2 Section 3 Section 4 Section 5 (2) Section 5 (4) Section 7 Section 35 Section 36 Section 37 (2) Section 37 and 41 Section 37 Guardianship Section 38 Section 45a Section 47 Section 47 and 49 Section 48 with or without 49 Section 135 Section 136 This page looks at how your detention under sections 2, 3 and 37 of the Mental Health Act 1983 can end. In many cases the detention ends prior to this or there is further consideration of ongoing detention and the person may be assessed under section 3. For more information on sectioning please see our ‘Mental Health Act’ page. The MHA Code of Practice should be followed by professionals who are involved in your care and treatment. This is provided along with the application and then received on behalf of the hospital managers. Section 2(1) health practitioner: inserted, on 31 January 2018, by section 4(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Yes. If the GP is not available we then may have to ask an independent section 12 approved doctor’s list. The GP was concerned by his presentation and contacted mental health services. Section 117 of the Mental Health Act says that aftercare services are services which are intended to: meet a need that arises from or relates to your mental health problem, and reduce the risk of your mental condition getting worse, and you having to go back to hospital When people have a severe form of mental illness or as public say a “severe breakdown” they are sometimes so unwell that they would not be able to accept that they may need to go into the hospital for their health, safety or protection of others. © 2020 Lancashire and South Cumbria NHS Foundation Trust. This ensures their immediate safety whilst the assessment is arranged. (2) Except that applications may be made not more frequently than once in any six-month period, section 42 of this Act and sections 73 to 80 of the Health Care Consent Act, 1996 apply to an application under subsection (1), with necessary modifications. Section 2(1) primary health care provider: inserted, on 31 January 2018, by section 4(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). The mental health professional in charge of your care and treatment under the MHA is known as the Responsible Clinician or RC and he/she can discharge you from section at any time if you no longer require to be sectioned. Hospital Managers are an independent group of people, who are separate from the hospital. Along with the application and two medical recommendations, the Nearest Relative must be informed wherever possible as they have a range of rights under section 2, the right to be informed, the right to apply for discharge or apply for a review. 2 1. He was not agreeable to support at home or for admission to hospital but his mental state was of such a risk that we needed to consider a legal framework to admit him to hospital for further assessment and possible treatment. Section 2 of the Mental Health Act allows compulsory admission for assessment, or for assessment followed by medical treatment, for a duration of up to 28 days. All service users admitted on the section 2 have access to an Independent Mental Health Advocate and they can appeal to the hospital managers and the mental health tribunal where they can ask for their detention to be reviewed and whether the criteria for their ongoing detention hospital is met. An application under Section 2 can be made by a relative or an Approved Mental Health Professional (AMHP)and must be supported by two medical recommendations one of which must be from an approved doctor under Section 12 of the … the Mental Health Act 1983 has been amended by the Mental Health Act 2007 (but is still termed the Mental Health Act … Section 2(1) first period: inserted, on 1 April 2000, by section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). These include the right to: The Mental Health Act 1983 Code of Practice. The responsible clinician is the senior clinician. Section 2 should end as soon as possible but it can be in place for up to 28 days. One of the medical recommendations should be made by a suitably trained and experienced psychiatrist (often the Responsible Clinician) who is approved under section 12 of the Mental Health Act. The section can last for up to 28 days, it cannot be renewed but the person can be placed onto a section 3 for treatment if it is e… So we use the power of the Mental Health Act to care for them within a comprehensive legal framework to assess and where suitable provide treatment and enable their recovery as soon as possible. A copy of the code should be available on the ward for you to see. PART 2. Section 2 of the Mental Health Act MHA. Statistics show a general increase in the use of … However, your consent will always be sought. Clinical Practice Form Mental Health Act Section 14(2) Detention of a Person (Adult) for the Purpose of Carrying out an Examination Clinical Practice Form Mental Health Act Section 23(1) Power to Prevent Voluntary Patient (Adult) from Leaving an Approved Centre Irish version of form. The Code of Practice provides guidance to health professionals about the MHA and is also intended to be helpful to you, your family, carers, representatives, friends, advocates and anyone else who supports you. Section 2 MHA 1983 may be used by an AMHP to allow a person thought to be suffering from a mental disorder (where it is in the interests of their own health or safety, or the protection of other people) to be admitted to hospital as a patient. Coronavirus (COVID-19) Update and Helpful Resources A team of health professionals assessed your mental health and decided that the best way to provide the care and treatment you need is to admit you to hospital under Section 2 for assessment. Up to six months. You are being kept in this hospital under section 2 of the Mental Health Act 1983. We can therefore determine whether the person has a severe mental disorder and the possible care plan and treatment options available. Section 2(1) person in charge: inserted, on 1 April 2000, by section 2(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). In order to be an applicant you need to ensure that you have two medical recommendations which state the person needs to be admitted to hospital for assessment and possible treatment for a mental disorder. IMHAs help you to tell staff about your concerns, and find out what your rights are. It provides for someone to be detained in hospital under a legal framework for an assessment and treatment of their mental disorder. This includes the power to remove a person from their home or a public place to a ‘place of safety’ for a mental health assessment, or so other arrangements can be made for their treatment or care. Patient’s name 2. Albanian Arabic BSL English French Gujarti Hebrew Hindi Italian Korean Lithuanian Mandarin Pashto Patois Persian Polish Portuguese Punjabi Russian Somali Swahili Sylheti Tamil up to 28 days under Section 2 of the Mental Health Act up to 6 months under Section 3 of the Mental Health Act, with further renewals During these periods, assessments will be regularly carried out by the doctor in charge of your care to determine whether it's safe for you to be discharged and what further treatment is required, if any. What is a Section 2 of the Mental Health Act? The other medical recommendation should be provided wherever possible by a doctor who has previous acquaintance with the service user and wherever possible the service user’s own GP. Your responsible clinician may decide that you need to be in hospital for longer than 28 days, in which case you may be kept in hospital under a Section 3. Or if the assessment has concluded that longer term treatment is needed there may be the consideration of section 3. Why would a Section 2 of the Mental Health Act be considered? MENTAL HEALTH ACT 2007 - As at 23 June 2020 - Act 8 of 2007 TABLE OF PROVISIONS Long Title CHAPTER 1 - PRELIMINARY 1.Name of Act 2.Commencement 3.Objects of Act 4. 8.—(1) A person may be involuntarily admitted to an approved centre pursuant to an application under section 9 or 12 and detained there on the grounds that he or she is suffering from a mental disorder. Find out more. You can be kept in hospital for up to 28 days. The criteria for Section 2 is that the person who is potentially suffering from a mental disorder of a nature or degree which warrants their detention in hospital and that it is in the interests of the person’s own health, their safety or for the protection of the people. 2.—(1) In this Act, save where the context otherwise requires— “Act of 1945” means the Mental Treatment Act, 1945; “admission order” shall be construed in accordance with section 14; “application” means an application for a recommendation that a person be involuntarily admitted to an approved centre and “applicant” shall be construed accordingly; He or she will be responsible for the assessing the needs of the service user whilst in hospital and as part of this duty if at any point the person does not need to be detained under the section he must rescind / end it immediately. You can do this at any time. Your responsible clinician can decide to give you leave (also known as Section 17 leave). Section 1 of the Mental Health Act defines mental disorder. It lasts for a maximum of 28 days and cannot be extended. Being detained (also known as sectioned) under the Mental Health Act is when you're made to stay in hospital for assessment or treatment. The team of professionals would be an Approved Mental Health Professional known as an AMHP and two doctor’s one who is Section 12 approved, and one who is a registered practitioner usually a doctor who knows you, such as your GP. Contents page 2 Mental Health Act 2007 No 8 Contents Page Chapter 3 Involuntary admission and treatment in and outside facilities Part 1 Requirements for involuntary admission, detention and treatment 12 General restrictions on detention of persons 9 They can also help you to understand your treatment. Acute Inpatient Mental Health - Dova Unit South Cumbria, Acute Inpatient Mental Health - Kentmere Unit South Cumbria, Patient Advice and Liaison Service (PALS) Service. Name of the person in charge of your care (your “responsible clinician”) 3. Mental Health Act Section 2. Search Lancashire Care NHS Foundation Trust website using the below box. In this case the section 2 is rescinded. The Mental Health Act 1983 (c.20) is an Act of the Parliament of the United Kingdom which applies to people in England and Wales.It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters. Their job is to ensure that the Mental Health Act is being correctly applied and that service users’ rights under the Act are being upheld. S.3 MHA lasts for a maximum of 6 months, and is for the purpose of treatment. In this section you will find videos available in a number of different languages about Section 2 of the Mental Health Act. The section 2 provides the legal framework for this assessment to take place. Under section 117, health authorities and local social services have a legal duty to provide free aftercare for people who have been discharged under Mental Health Act sections 3, 37, 45A, 47 or 48. Medication can be given to you with or without your consent. He or she is usually a doctor, but there are also other professions who can also undertake this responsibility. Copyright © 2020 Cygnet Health Care Your responsible clinician and other hospital staff will talk to you about any treatment that you need for your mental health problem. How long does it last and what happens next? Interpretation. This is also known as sectioning. You can ask the Mental Health Tribunal to say that you should no longer be kept in hospital. Involuntary admission of persons to approved centres. What is the criteria for a Section 2 of the Mental Health Act? A team of health professionals assessed your mental health and decided that the best way to provide the care and treatment you need is to admit you to hospital under Section 2 for assessment. For help with an appeal speak to a member of the hospital staff or to an advocate. In addition the service user can be discharged by the hospital managers or a Mental Health Tribunal if they feel the criteria are no longer met. Detention means that you are taken to hospital against your will. You have certain rights when you are in hospital. Criteria for involuntary admission to approved centres. The criteria for Section 2 is that the person who is potentially suffering from a mental disorder of a nature or degree which warrants their detention in hospital and that it is in the interests of the person’s own health, their safety or for the protection of the people. He presented quite differently from previous and on assessment the responsible clinician and Approved  Mental Health Professional were quite concerned by his mental state. It's important that you know what happens to you when you're detained, what your rights are, and where you can seek help. You have been examined by two doctors and they think that you have a mental disorder and you must stay in You can also ask the Hospital Managers to discharge you from detention. Two doctors must make the recommendation, and the application is then made by an AMHP. You can get help from an IMHA if you are under sections 2 or 3 of the Mental Health Act. They have had specialist training in a mental disorder and the Mental Health Act, but they must not have been in supervisory relationship with the first doctor providing a medical recommendation. Section 5 (2) is a temporary hold of an informal or voluntary service user on a mental health ward in order for an assessment to be arranged under the Mental Health Act 1983. Section 2 You can be detained if: • you have a mental disorder • you need to be detained for a short time for assessment and possibly medical treatment, and • it is necessary for your own health or safety or for the protection of other people. In the vast majority of cases section 2 is discharged by the responsible clinician. Definitions CHAPTER 2 - VOLUNTARY ADMISSION TO FACILITIES 5.Admission on own request 6.Voluntary admission of children 7.Voluntary admission of persons under guardianship 8.Discharge of voluntary patients 9. Hospital admission may last for up to 28 days for assessment of their condition and any treatment as deemed necessary. Under Section 2 MHA a person can be detained in hospital if it is decided by medical professionals that they are suffering from a mental disorder and it is of a nature and/ or degree to warrant detention in hospital for assessment or assessment followed by treatment for at least a limited period, and the person ought to be detained for their own health, safety, or for the protection of others. S.2 Mental Health Act lasts for 28 days, and its main purpose is to assess a patient in hospital (although it does also permit treatment). You must do this within 14 days of the start of the section. They are independent of the hospital staff. Section 2 is part of the civil sections under the Mental Health Act. Name of hospital and ward Why am I in hospital? Section 2 is part of the civil sections under the Mental Health Act. Please contact us today for quick and easy legal advice. A recent example of a section 2 was a man who was seen by his GP. Section 2 is specifically designed for people who we (the Approved Mental Health  Professional and Psychiatrists) consider are in need of an assessment for a mental disorder and that due to their presentation and possible risks feel that this needs to take place in a hospital setting. Form A4 Regulation 4(1)(b)(ii) Mental Health Act 1983 Section 2 – medical recommendation for admission for assessment I (PRINT full name, address and, if sending by means of electronic communication, email address of medical practitioner) a registered medical practitioner, recommend that (PRINT full name and address of patient) They can appeal immediately on admission within the first 14 days of their detention under section 2 and the appeal will be heard within days. The Mental Health Act (the Act) is an Ontario law which regulates the administration of Mental health care. Section 2: admission for assessment. This can be that the service user is assessed as not requiring further detention as they are willing to be in hospital informally or they can return to the community with support. Sections 135 and 136 – powers of the police. | Lovingly crafted by Mixd, Section 4 – Admission for assessment in cases of emergency, Section 5(2) – Application in respect of a patient already in hospital, Section 136 – Removal of mentally disordered persons without a warrant, Section 35 – Remand to hospital for report, Section 36 – Remand to hospital for treatment, Section 47 – Transfer of sentenced prisoner to hospital, Section 48 – Removal to hospital of unsentenced prisoners, Section 47/49 – Transfer from prison to hospital with restrictions, Section 48/49 – Removal to hospital of other prisoners with restrictions, Section 37/41 – Hospital order with restriction, Section 41 – The conditionally discharged patient, Information about your section and the reasons for detention, Information about your rights of appeal to the Mental Health Tribunal, Information about how to contact a suitably qualified solicitor, Information about your right to appeal to the Hospital Managers, Information on how to obtain the help and support of an Independent Mental Health Advocate (IMHA), Information about the Care Quality Commission. 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