1. Admission for assessment (Mental Health Act 1983 Section 2) lasts for a period not exceeding:

    1. 72 hours
    2. 28 days
    3. 6 months
    4. 6 hours
    5. Back to start
  2. In order to be admitted under s.2 Mental Health 1983, a person must be diagnosed as having:

    1. A mental disorder
    2. A mental illness
    3. A mental impairment
    4. A learning disability
    5. Back to Question 1
  3. Before compulsory admission for treatment under s.3, Mental Health Act, the patient must be seen by at least:

    1. One consultant psychiatrist
    2. An approved mental health professional and the nearest relative
    3. An approved mental health professional and a doctor
    4. Two doctors and an approved mental health professional or nearest relative
    5. Back to Question 2
  4. Admission for assessment in cases of emergency (s.4 Mental Health Act 1983) may be made by:

    1. A hospital manager
    2. A magistrate
    3. An approved mental health professional or nearest relative
    4. The police
    5. Back to Question 3
  5. To be detained by the police under s.136 Mental Health Act 1983, a person must be:

    1. In a public place
    2. In a place to which the public has access
    3. Being ill-treated or neglected
    4. Living alone and unable to care for her/himself
    5. Back to Question 4
  6. To be detained under s.3 Mental Health Act 1983 a person with learning disability must:

    1. Be treatable
    2. Have a personality disorder
    3. Show abnormally aggressive or seriously irresponsible conduct
    4. Have refused treatment
    5. Back to Question 5
  7. Before making an application for compulsory admission, an AMHP must:

    1. Visit the patient
    2. Interview the patient
    3. Tell the patient that they are being admitted
    4. Get the nearest relative's consent in writing
    5. Back to Question 6
  8. A person on guardianship under s.7 Mental Health Act 1983 can be:

    1. Required to take their medication
    2. Taken into hospital if they need treatment
    3. Conveyed anywhere at the guardian's request
    4. Required to live in a specified place
    5. Back to Question 7
  9. People with a learning disability can be detained under the Mental Health Act 1983:

    1. Only under sections allowing short detentions up to 28 days
    2. Under s.3 allowing longer term detention for treatment if their condition is treatable
    3. Under longer term detentions if they are abnormally aggressive or seriously irresponsible
    4. Not at all, because learning disability is not a mental disorder
    5. Back to Question 8
  10. Which of the following principles is not contained within the Mental Capacity Act 2005

    1. The right to make eccentric or unwise decisions
    2. The right to support to make one's own decisions
    3. The right to make one's own decisions, unless incapacity is proven
    4. The right to make one's own decisions provided they are in one's best interests
    5. Back to Question 9
  11. Advance decisions to refuse treatment made under the Mental Capacity Act 2005:

    1. Must be respected provided they apply to the treatment or action being proposed
    2. Must be respected except in life threatening circumstances
    3. Must be respected provided they are signed and witnessed
    4. Must be respected provided the responsible medical officer considers they are in the person's best interest
    5. Back to Question 10
  12. People lacking capacity to consent to hospital admission:

    1. Should always be detained formally under the Mental Health Act 1983 if they are going to be deprived of their liberty
    2. Can be detained without using formal Mental Health Act detention provided they do not resist admission
    3. Should only be detained if the nearest relative consents
    4. Can be admitted without using formal Mental Health Act detention if it is in their best interests
    5. Back to Question 11

Answers

  1. The correct answer is B: 28 days

    The grounds for admission for assessment under s.2 are that the person has a mental disorder of a nature or degree warranting admission to hospital and that detention is in the best interests of their health or safety or with a view to protection of others. The application may be made by either an Approved Social Worker or the patient’s nearest relative, and must be supported by 2 medical recommendations.

  2. The correct answer is A: A mental disorder

    Mental Disorder is defined in the Act as being "any disorder or disability of mind". This is a broad definition, encompassing a wide range of conditions, and is the qualification for a wide range of compulsory admissions, provided the disorder is of a nature or degree to warrant detention, and detention is in the interests of his their own health or safety or with a view to the protection of other people.

  3. The correct answer is D: Two doctors and an approved mental health professional or nearest relative

    To be admitted under s.3, the patient must have a mental disorder or a nature or degree making treatment in hospital appropriate. Detention must be necessary for their health or safety or for the protection of others and detention must be the only way of giving treatment. Appropriate treatment must be available. Someone with learning disability cannot be detained under s.3 unless their mental disorder is associated with abnormally aggressive or seriously irresponsible conduct. The application must be made by either an approved mental health professional or the nearest relative and be supported by recommendations from two doctors, all of whom must have seen the patient.

  4. The correct answer is C: An approved mental health professional or nearest relative

    Where admission under s.2 is of urgent necessity, under s.4 it can take place on 1 medical recommendation, in which case detention is for 72 hours, extendable to 28 days by the provision of a second medical recommendation. The application must be made by either an approved mental health professional or the nearest relative.

  5. The correct answer is B: In a place to which the public has access

    Section 136 authorises the police to remove to a place of safety for 72 hours a person who appears to be mentally disordered and in need of care and control and in a place to which the public has access.

    Where someone is not in a place to which the public has access, Section 135 provides for entry to premises where a mentally disordered persons is believed to be living, and being ill-treated or neglected or is living alone and unable to care for themselves. They can be removed to a place of safety for 72 hours.

  6. The correct answer is C: Show abnormally aggressive or seriously irresponsible conduct

    The broad definition of mental disorder in the MHA 1983 ("any disorder or disability of mind") encompasses a wide range of conditions, including learning disability. Thus a person with learning disability can be subject to any of the short term hospital admissions, where it is sufficient that the mental disorder is of a nature or degree that warrants admission. For the longer term admissions to hospital, for example under s.3 for treatment, or for admission to guardianship, a person with learning disability must also show abnormally aggressive or seriously irresponsible conduct.

  7. The correct answer is B: Interview the patient

    Before making an application, the approved mental health professional must interview the patient 'in a suitable manner' and must satisfy her/himself that detention in hospital is, in all circumstances of the case, the most appropriate way of providing the care and medical treatment the patient needs (s.13(2)). For admission under s.2, the nearest relative must if possible, be informed but does not have to consent. For admission under s.3, the nearest relative must, if possible be consulted and the admission cannot take placed if they object (although an unreasonable objection can be overruled by a court).

  8. The correct answer is D: Required to live in a specified place

    A person over 16, with a mental disorder of a nature of degree that warrants reception into guardianship, may be received into the guardianship of another individual, or of the local authority. The guardianship must be necessary in the interests of the welfare of the person concerned. An application may be made to the local authority by an AMHP or the nearest relative (the nearest relative must be consulted and must agree) and be supported by two medical recommendations. The guardianship lasts for six months and is renewable. The powers of the guardian are:

    • to require the patient to live in a specified place, including the power to convey them to that place, and to return them if subsequently they abscond
    • to require the patient to attend for the purpose of medical treatment, occupation, education or training
    • to require access to the patient to be given to any doctor, AMHP or other person.
  9. The correct answer is C: Under longer term detentions if they are abnormally aggressive or seriously irresponsible

    Learning disability falls within the broad definition of mental disorder and all the short term detentions up to 28 days are permissible (s.2, s.4, s.5, s.135, s.136), provided the mental disorder is of a nature or degree that warrants it, and the health and safety or protection of others requirements are met. However, to be detained for treatment under s.3, the mental disorder must be associated with abnormally aggressive or seriously irresponsible conduct. It is not necessary for the condition to be treatable, but it must be the case that appropriate treatment is available

  10. The correct answer is D: The right to make one’s own decisions provided they are in one’s best interests

    There is no requirement for decisions made by someone with capacity to be in their best interests. The best interests test applies to decisions taken on behalf of people who lack capacity.

  11. The correct answer is A: Must be respected provided the responsible medical officer considers they are in the person's best interest

    Advance decisions not to receive treatment must be specific to the treatment in question. These wishes must be respected by those proposing treatment, who will not be liable for the consequences of withholding treatment. To be applicable in life-threatening circumstances, they must also be written, signed and witnessed, and contain the words ‘even if life is at risk’.

  12. The correct answer is D: Can be admitted without using formal Mental Health Act detention if it is their best interests

    Under s.5 of the Mental Capacity Act 2005, professionals may provide care or treatment for someone who lacks capacity to consent (including arranging hospital admission) provided that intervention is in the best interests of the person concerned. This can be the case even where the person appears to object. In some cases, it will be necessary to consult with family members and carers, or with an Independent Mental Capacity Advocate. Any restraint used must not amount to deprivation of liberty. If the person will be deprived of their liberty, then more robust procedural safeguards are required. These are provided by the Deprivation of Liberty Safeguards, used (from April 2009) in cases where the intervention and restriction on liberty is required in the best interests of the individual concerned. There are conditions which must be met, which are detailed in a Code of Practice issued in 2008 by the Ministry of Justice. If the intervention is for the protection of others, rather than in the best interests of the person concerned, then detention under the Mental Health Act 1983 must be used instead.