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To ask what happens in mental health act assessments

4 replies

Covidisloation · 21/01/2021 19:36

If two people agrees that a person needs to be sectioned but the others don’t. I know with a jury it goes with the majority is this the same in the this case?

OP posts:
WhatWouldPhyllisCraneDo · 21/01/2021 19:40

IIRC 2 mental health professionals need to agree that someone needs to be sectioned. I don't think there's a "majority rules" clause. (Disclaimer... haven't studied MH act for about 3 years so may be wrong)

Covidisloation · 21/01/2021 19:42

I mean if say one doctor wouldn’t write a medical recommendation.

OP posts:
Monsterjam · 21/01/2021 19:43

Two doctors recommend, the AMHP makes the application to detain.
So you need all three in agreement, the AMHP needs two recommendations (usually, there are exceptions) from the medics , they could then make or not make the application depending on whether they agree or not.
Does that make sense

LaLaLandIsNoFun · 21/01/2021 19:43

There is an AMHP, two Drs snd just to complicate things The Nearest Relative (this is a legal term and may not necessarily be whom you would expect it to be - the rules are a bit complex.)

  1. If all three professionals agree then a section can go ahead (except if it’s under section 3 and then the NR can object - in this scenario the AMHP can talk to the NR to see a way forward or go to court to displace the NR)
  2. Both doctors agree but AMHP disagrees - no section unless the NR also agrees and makes an application themselves.
  3. AMHP says yes and one or both drs disagree - section cannot go ahead.
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