skip to main content

Section 2 Medical Recommendations — MRCPsych Paper B MCQ

Instant feedback + full explanation. One question, done properly.

ModerateMental Health LawSection 2 Medical RecommendationsMRCPsych Paper B

In England, an AMHP is considering an application for a 28-year-old man’s admission for assessment under section 2 of the Mental Health Act 1983. The two doctors providing the medical recommendations are partners in the same GP practice. Which statement best describes the validity of the medical recommendations?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: A — They are invalid because one doctor is a partner of the other recommending doctor

Explanation lettering: D = shown as A · E = shown as B · A = shown as C · C = shown as D · B = shown as E

D is correct. Section 12 of the Mental Health Act 1983 prohibits a medical recommendation for a Part II application from being given by a partner of the practitioner making the other recommendation. Therefore, recommendations from two partners in the same GP practice cannot lawfully support a section 2 application. Section 12 approval and previous acquaintance are separate statutory considerations; neither removes the prohibition on partners providing the two recommendations. The AMHP cannot cure the defect by recording reasons for using the doctors. Employment by the receiving hospital is a separate potential conflict issue and is not the determining fact in this scenario.

Reference: Mental Health Act 1983, section 12(5)(b), as amended; Reference Guide to the Mental Health Act 1983, Figure 38, 2015. https://www.legislation.gov.uk/ukpga/1983/20/pdfs/ukpga_19830020_en.pdf