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Section 2 MHA — MRCPsych Paper B MCQ

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EasyMental Health LawSection 2 MHAMRCPsych Paper B

A 28-year-old man in England is brought to an emergency department with a 3-day history of persecutory delusions and auditory hallucinations commanding him to harm himself. He is agitated and refuses informal admission. He has no previous psychiatric history, and the nature of his disorder and the appropriate treatment plan remain unclear. An approved mental health professional and two doctors are available and agree that inpatient assessment is necessary for his health and safety. Under which section of the Mental Health Act should the application for detention be made?

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Correct answer: B — Section 2 MHA – admission for assessment

Section 2 is the best answer. The nature and degree of this first-presenting disorder and the treatment plan remain unclear, so initial inpatient assessment is required; section 2 permits detention for assessment, or assessment followed by treatment, for up to 28 days. Section 3 is not excluded merely because this is a first presentation, but it is used when the disorder, essential treatment plan and likelihood of accepting informal treatment are already sufficiently established. Section 4 is unnecessary because two doctors are available and obtaining the second recommendation will not cause undesirable delay. Sections 5(2) and 5(4) are holding powers for existing hospital inpatients, not emergency-department outpatients.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, Chapter 14 paragraphs 14.26–14.31, Chapter 15 and Chapter 18, 2015: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/435512/MHA_Code_of_Practice.PDF