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Checklist for Approved Mental Health Professionals - Applications under Section 2 of the Mental Health Act 1983

Document Cited authorities 4 Cited in Related
Vincent
AuthorMichael Butler
Pages329-331

Appendix 10


Checklist for Approved Mental Health Professionals – Applications under Section 2 of the Mental Health Act 1983

A summary of the key provisions with which the AMHP must comply when considering an application for admission to hospital under section 2 of the MHA 1983 is set out below. The summary also includes provisions with which the AMHP should comply as per guidance in the 1983 Code.

Assessment

• Has the AMHP interviewed the patient in a suitable manner (section 13(2))?

• Where the patient has expressed a wish for someone else to be present at the assessment, has the patient been assisted in efforts to secure that person’s attendance (1983 Code, para 4.52)?

• Are there any particular communication difficulties which need addressing for the purposes of the assessment (e.g. signer, interpreter) (1983 Code, para 4.41)?

• Does the patient belong to a group which requires a particular expertise (e.g. child or young person, learning disability)? If so, does either the AMHP or one of the two RMPs (see below) have that expertise, or, failing that, has a profession with such expertise been consulted (1983 Code, para 4.38)?

• Where the patient is under the short-term influence of drugs or alcohol, is the AMHP able to wait until the effects have abated (1983 Code, para 4.55)?

330 A Practitioner’s Guide to Mental Health Law

Medical recommendations

• Is the application based on written recommendations from two RMPs (section 2(3))?

• Has each of the RMPs conducted a medical examination of the patient involving direct personal examination and consideration of all available clinical information (1983 Code, para 4.71)?

• Is one of the RMPs approved under section 12 (section 12(2))?
• If practicable, does one of the RMPs have previous acquaintance with the patient (section 12(2))?

• Where the two RMPS have seen the patient separately, have they seen the patient within 5 days of each other (section 12(1))?

• Has the AMHP seen the patient with at least one of the two RMPs (1983 Code, para 4.44)?

• Has the AMHP discussed the patient’s case with each of the RMPs (1983 Code, para 4.45)?

• Does each RMP recommend that the patient is suffering from mental disorder of a nature or degree which warrants his detention in hospital for assessment (or for assessment followed by medical treatment) for at least a limited period, and that he ought to be so detained in the interests of his own health or safety or with a view to the protection of others (section...

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