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Section 3 MHA — MRCPsych Paper B MCQ

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EasyMental Health LawSection 3 MHAMRCPsych Paper B

A 42-year-old woman in England has an established diagnosis of paranoid schizophrenia and has relapsed after stopping medication. The nature and current degree of her disorder and the proposed inpatient treatment plan are clear. Because of her psychosis, hospital treatment is necessary for her health and safety, but she refuses informal admission. Appropriate treatment is available, and there is sufficient time for a full Mental Health Act assessment. Which Mental Health Act 1983 provision is most appropriate for her compulsory admission?

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Correct answer: D — Section 3 MHA – admission for treatment

Section 3 is the best answer. Her mental disorder and its current severity are established, an inpatient treatment plan is clear, detention is necessary for her health and safety, she will not accept informal admission, and appropriate treatment is available. Section 3 permits detention for treatment, initially for up to six months. The application is usually made by an AMHP, although the nearest relative may apply, and it must be supported by two medical recommendations. Section 2 is used when further assessment is required before these matters can be established. Section 4 is reserved for urgent cases in which obtaining two medical recommendations would cause undesirable delay. Sections 5(2) and 5(4) are temporary holding powers for an informal patient who is already in hospital, so neither applies to admission from the community.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, Chapter 14, paragraphs 14.4–14.5 and 14.26–14.31, 2015. https://assets.publishing.service.gov.uk/media/5a80a774e5274a2e87dbb0f0/MHA_Code_of_Practice.PDF