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AMHP Alternatives Duty — MRCPsych Paper B MCQ

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ModerateMental Health LawAMHP Alternatives DutyMRCPsych Paper B

In England, two doctors have recommended that a patient should be detained for treatment under section 3 of the Mental Health Act 1983, and the approved mental health professional (AMHP) considers that the statutory detention criteria are met. Which statement best describes how the AMHP must decide whether to make the application?

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

Reveal the answer and explanation

Correct answer: C — They must independently decide whether hospital detention is the most appropriate way to provide care and medical treatment in all the circumstances, after considering less restrictive alternatives.

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

The correct answer is B. The AMHP is an independent decision-maker, not merely the administrator of the doctors' recommendations. Before applying, the AMHP must be satisfied that detention in hospital is, in all the circumstances, the most appropriate way of providing the patient's care and medical treatment. A proper assessment therefore includes consideration of viable less restrictive options, such as informal admission or crisis and home treatment services. Two supporting medical recommendations do not compel an application, so A and C are incorrect. The responsible clinician does not determine the AMHP's decision, making D incorrect. The nearest relative should normally be consulted before a section 3 application and may object to an AMHP application, but does not choose the care framework; therefore E is also incorrect.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, 2015, paragraphs 14.34, 14.49 and 14.52. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/435512/MHA_Code_of_Practice.PDF