What warrants the detention of the patient in a hospital for assessment?
The symptoms of a mental disorder have to be significant to be seen in order to get to that stage?
From the case I am dealing with, the MHA panel, if they comply with the Mental Health Act ( MHA )and Code of Practice (CoP), have to document the signs and symptoms that are sufficient to conclude that a mental disorder is present or is reasonably considered to be present and explain why the putative disorder can reasonably be considered to represent a risk to the subject or other people. If that is the case they can recommend detention. In my case then an AMHP reviews the paperwork and interviews the subject and if the criteria for detention are documented as present and the interview confirms the decision is reasonable executes detention by escorting the subject to the assigned detention facility. The doctor assigned as the Responsible Clinician then, presumably, looks at the recommendation for a description of the mental disorder to be assessed and risk arising from it and accepts the subject into detention and proceeds to assess the evidence for the mental disorder for continuance of the criteria for detention and construct a treatment plan. If they can’t determine the continuation of the criteria for detention the subject should be released.
This is my interpretation of MHA section 2, CoP 14.4, 14.75, 2.6, 14.51, 14.49, 32.18
Hope this helps.
Thanks Andrew.
What constitutes a ‘sufficient’ mental disorder that is present?
What would be commonly explained that this disorder poses a risk?
If one has a mental disorder but doesn’t show signs of any risk - does the patient become relieved of their position?
MHA Code of Practice Para 2.4 Mental disorder is defined for the purposes of the Act as ‘any disorder or disability of the mind’. Relevant professionals should determine whether a patient has a disorder or disability of the mind in accordance with good clinical practice and accepted standards of what constitutes such a disorder or disability.
I presume reference to ICD 10 and DSM 5 is involved.
In other words it is for the MHA panel to make that professional opinion, but they have to document their reasons and they should be sufficient. As I am not a professional, just an involved party, I hope other members of the forum can give examples including the risk aspect you ask about.
Regarding your last point based on my reading of Section 2 of the MHA the MHA panel can’t recommend detention unless they decide and document the reasons why the risk arises from the mental disorder, so without the risk the subject can’t be detained if the Act is complied with. If the subject is detained the CoP required duty of the assigned Responsible Clinician is to release the subject if either of the criteria for detention i.e. mental disorder plus risk arising from it, are not present. This is based on an assumption of compliance with the MHA and CoP.