There are five overarching principles underpinning the Mental Health Act 1983. AMHPs and others acting within the MHA are bound to adhere to them in their practice.
The
First Principle is:
Least restrictive option and maximising independence
“Where it is possible to treat a patient safely and lawfully without detaining them under the Act, the patient should not be detained. Wherever possible a patient’s independence should be encouraged and supported with a focus on promoting recovery wherever possible.”
This means that an AMHP should always explore alternatives to compulsory admission when conducting an assessment under the MHA. This can include finding alternatives to admission, such as involvement with Crisis Teams, support from carers, respite care, or informal admission.
This is an example of a response to a request for an assessment under the MHA where I tried to make the whole process as unthreatening and low key as possible.
please do all five principles
ReplyDeleteI will in time.
Deleteyes
DeleteSurprised she was put in a position where you made it clear to her that if she did not go in informally, you would section her. ? Valid consent? Also no evidence that you considered whether she had the capacity to consent. How can you say she would have more control if informal when we all know if she chose to leave 5(2) would likely be used. Least restrictive Really?
ReplyDeleteIt's a matter of judgment at the time.
Deletethat is good
DeleteYou state that "AMHPs and others acting within the MHA are bound to adhere to [the principles] in their practice." However the principles are contained in the Code of Practice and not the Act itself. So they have no legal force and nobody is 'bound' to follow them. Isn't adherence just a matter of personal discretion?
ReplyDeleteNot acting within the Code of Practice can amount to grounds for disciplinary action or even prosecution.
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