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Checklist for Approved Mental Health Professionals - Applications under Section 3 of the Mental Health Act 1983

Document Cited authorities 4 Cited in Related
Vincent
AuthorMichael Butler
Pages333-336

Appendix 11


Checklist for Approved Mental Health Professionals – Applications under Section 3 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 3 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. Many of the requirements are identical to those in respect of section 2 applications (see Appendix 10), the major differences being in relation to the legal criteria that need to be satisfied and the role of the nearest relative.

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)?

334 A Practitioner’s Guide to Mental Health Law

Medical recommendations

• Is the application based on written recommendations from two RMPs (section 3(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 makes it appropriate for...

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