Detainment

Exam Cram

See the table, title Mental Health Acts. 

Outline

This section covers the two acts related to detainment, their subsections, capacity assessment and Gillick competence. 

Acts

1. Adults with incapacity

• Acute confusion from illness

• 90 year old with delirium from urinary infection

2. Mental Health Act

• Suspected psychiatric illness

• Acutely psychotic schizophrenic 

Mental Health Acts

1. Nursing holding powers

   • England: 5^4

   • Duration: 6hrs 

   • Nurses can hold patients within hospital until a doctor assessment

2. Emergency Detention Certificate

   • Scotland: EDC

   • England: 5^2

   • Duration: 72hrs

   • Doctor above FY1, to facilitate psychiatry assessment

3. Short Term Detention Certificate 

   • England: STC

   • Scotland: Section 2

   • Duration: 28d

   • Performed by Psychiatrist

4. Compulsory Treatment Order

   • England: CTO

   • Scotland: Section 3

   • Duration: 6 months

   • Performed by Psychiatrist

*

Capacity Assessment

Ability to:

1. Understand

2. Retain

3. Weigh up

4. Communicate

Indication to detain

1. Lack of capacity to make own decisions

2. Risk of harm to self or others

*

Children

This legislation so far relates to adults, defined as individuals > 16yrs.

Between 12-16yrs old Gillick competence, states that doctors should make a case by case decision on whether the individual has capacity based on the individual and the question being asked. 

Under 12 years, children are deemed to not have capacity and parents act as their legal guardian. 

Resources and References

Page written in 2024.