To ask about mental health act assessments

[Beatinghearts]

was watching the Stacey Dooley documentary and saw a gentleman that had medical recommendations for a section 2. I was interested to see how this works and saw that three people all have to agree. Surely though some professionals view differ as to what’s best for the patient?

A section two Is for assessment so they have to agree that the patient needs in patient care to assess their mental state ,it ,s for up to 28 days ,but can be rescinded by the consultant psychiatrist at any time ,the patient could also be placed on a section three ( for treatment ) after 28 days if there is felt to be a need ,ideally it is a consultant psychiatrist,A Dr who knows the patient ie the GP who do the medical reccomandations and an AMHP, approved Mental health practitioner,who applys for the section

Also the patient would have to be refusing in patient care to be placed on a section.

Yes, they all have to agree, and the patient not willing to go into hospital (either because they just don't want to go, or do not realise how unwell they are).
This has happened to me. They were discussing a Section 2 (I could hear them in other room) before they even met me. We all had a chat, then the social worker came and told me I was not going home.

There are lots of different sections, and different requirements for each.

It the most standard assessment the AMHP (approved mental health professional - usually a social worker with additional training) chooses whether to make the application of a section and then two doctors, at least one of whom must be Section 12 approved (this is an extra bit of training, if one Dr isn't approved then they must know the patient) decide whether to section. If two drs can't be found in a reasonable time frame then you can admit under section 4 with only one Dr, can hold the patient for up to 72hrs but can't give enforced treatment, and a second Dr can assess and convert the section 4 to a section 2 (for assessment and treatment) or section 3 (for treatment where a diagnosis is known).

There is also section 136 (removal to a place of safety from a public place) and 135 (removal to a place of safety from a private residence). The police can enact a 136 but they need a court order for a 135.

Then there's the court ordered sections, doctors and nurses holding powers, transfers for prison - it's a whole area of legal specialism.

Thanks everyone. What happens though if all three don’t agree to section the person but say two do?

If the AMPH and one Dr want to detain but the other dr doesn’t = the AMPH could choose to reassess with different drs - but would have to be clearly justifiable.

OR

AMPH is unlikely to go against two Drs wanting to detain so that scenario is unlikely to occur.

Is the amhp that gets more of a say or the doctors?

It's not that anyone gets more of a say, OP, or like it's a majority vote if that makes sense.

The AMHP is the person responsible for making the final decision to admit the person under section. The AMHP can, however, only make an application for the person's admission under section if they have 2 medical recommendations from the doctors in support of this (for sections 2 and 3). So, as a PP says, if the AMHP doesn't have 2 med recs, they can't make the application for admission and the person, in most circumstances, isn't detained (v rare for an AMHP to get a 3rd doctor to assess). If the AMHP has 2 med recs, they still have to make the decision about whether to admit the person under section, taking a range of other factors into account when making their decision. So 2 med recs doesn't always mean a person is detained.

There's lots of good info available on the MIND website if you want to read a bit more about it.

If the AMHP doesn't make the application the the doctors don't come to assess, but once they make the application the decision rests with the two doctors. If they don't agree they get a third doctor to give an opinion, but I have never known that to happen.