Book contents
- A Clinician’s Brief Guide to the Mental Health Act
- A Clinician’s Brief Guide to the Mental Health Act
- Copyright page
- Contents
- Preface to the First Edition
- Preface to the Second Edition
- Preface to the Third Edition
- Preface to the Fourth Edition
- Preface to the Fifth Edition
- List of Abbreviations
- Chapter 1 Setting the Scene, Statutory Law and the Common Law
- Chapter 2 The Human Rights Act in Clinical Practice
- Chapter 3 Capacity: The Mental Capacity Act and Deprivation of Liberty Safeguards
- Chapter 4 The Mental Health Act
- Chapter 5 The Mental Health Act: Part II (Civil Sections)
- Chapter 6 The Mental Health Act: Part III (Sections Relating to Courts and Prisons)
- Chapter 7 Community Treatment Orders
- Chapter 8 The Mental Health Act: Part IV (Consent to Treatment)
- Chapter 9 Appeals against Detention/Compulsion
- Chapter 10 Special Provisions in Relation to Minors
- Chapter 11 How to Become Section 12 Approved and/or an Approved Clinician
- Chapter 12 Reform of the Mental Health Act for England
- Book part
- References
- Index
Chapter 5 - The Mental Health Act: Part II (Civil Sections)
Published online by Cambridge University Press: 03 June 2022
- A Clinician’s Brief Guide to the Mental Health Act
- A Clinician’s Brief Guide to the Mental Health Act
- Copyright page
- Contents
- Preface to the First Edition
- Preface to the Second Edition
- Preface to the Third Edition
- Preface to the Fourth Edition
- Preface to the Fifth Edition
- List of Abbreviations
- Chapter 1 Setting the Scene, Statutory Law and the Common Law
- Chapter 2 The Human Rights Act in Clinical Practice
- Chapter 3 Capacity: The Mental Capacity Act and Deprivation of Liberty Safeguards
- Chapter 4 The Mental Health Act
- Chapter 5 The Mental Health Act: Part II (Civil Sections)
- Chapter 6 The Mental Health Act: Part III (Sections Relating to Courts and Prisons)
- Chapter 7 Community Treatment Orders
- Chapter 8 The Mental Health Act: Part IV (Consent to Treatment)
- Chapter 9 Appeals against Detention/Compulsion
- Chapter 10 Special Provisions in Relation to Minors
- Chapter 11 How to Become Section 12 Approved and/or an Approved Clinician
- Chapter 12 Reform of the Mental Health Act for England
- Book part
- References
- Index
Summary
In essence, the grounds are similar apart from the ‘appropriate treatment’ test. The person must suffer from, or appear to suffer from, a mental disorder (or the MHA wouldn’t be relevant), that disorder must cause some sort of risk for the person or other people (or there’s no need to intervene), the risk can’t be assessed or managed without the person being in hospital (we can’t detain someone in hospital if they don’t need to be in hospital) and the person isn’t agreeing to the admission (or they wouldn’t need detaining).
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- A Clinician's Brief Guide to the Mental Health Act , pp. 42 - 63Publisher: Cambridge University PressPrint publication year: 2022