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Nurse Holding Power — MRCPsych Paper B MCQ

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EasyMental Health LawNurse Holding PowerMRCPsych Paper B

An informal patient receiving inpatient treatment for mental disorder states that he is leaving the psychiatric ward immediately. A registered mental health nurse considers that, because of his mental disorder, he must be prevented from leaving for his own safety. He remains on the hospital premises, and it is not practicable to secure the attendance of a doctor or approved clinician with section 5(2) powers before he leaves. Under which section of the Mental Health Act 1983 may the nurse temporarily detain him?

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Correct answer: A — Section 5(4)

The correct answer is **B, section 5(4)**, the nurse’s holding power. A nurse of the prescribed class may use it for a hospital inpatient already receiving treatment for mental disorder when immediate prevention from leaving is necessary for the patient’s health or safety or the protection of others, and attendance of a doctor or approved clinician able to use section 5(2) cannot practicably be secured. It lasts for up to six hours or until such a clinician arrives, whichever occurs first. Section 5(2) is exercised by the doctor or approved clinician in charge, or their nominated deputy. Sections 2 and 4 require formal applications for admission or detention rather than unilateral nursing action. Section 136 is a police power concerning a person found in a place other than a private dwelling.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, Chapter 18, paragraphs 18.22–18.25, 2015. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/396918/Code_of_Practice.pdf