MentalHealthCop
A venn diagram of policing, mental health and criminal justice
This should cover most Frequently Asked Questions, linking you to the particular blog post which should help answer it.
CLICK THE ANSWER TO EACH QUESTION FOR A LINK TO THE MORE DETAILED BLOG.
If anyone wants anything else answered, please email me on mentalhealthcop@live.co.uk:
POLICE FAQs ABOUT MENTAL HEALTH JOBS -
- We’ve arrested someone s136 – how do we deal with it properly?
- A psychiatric inpatient has assaulted a nurse (or other patient) - can we or should we arrest them?
- An AMHP wants police support at an MHA assessment – should we go and do we need to ask for a warrant?
- A&E are asking us to arrest someone under s136 and remove them to the PoS – can we / should we do this; aren’t they a Place of Safety?!
- A detained patient has gone missing or failed to return – who is responsible for getting him back?
- An MHA patient has gone missing or failed to return – can we arrest them and can we force entry to a premises in order to do so?
- A informal patient has gone missing – can we bring him back?
- A offender in custody has been ‘sectioned’ but it’s a serious offence – what do we do?
- We’re at a job in a private place where someone is threatening suicide – what can we do?
- The NHS can’t or won’t respond to a private premises – can we use the Mental Capacity Act?
- I’m thinking about using the Mental Capacity Act – how do I decide about someone’s ‘capacity’?
- We’re being asked to restrain a patient so they can administer medication – can we / should we do this?
- We’re being asked to move a psychiatric patient from one MH unit to another – can we / should we do this?
- We’ve arrested someone from another area and the AMHPs are disputing who should do the assessment – who legal responsibility is it?
NHS / SOCIAL CARE FAQs ABOUT POLICING RESPONSES -
- < More to follow shortly. >
- I see so many different ranks of police officer and I don’t know who is in charge! - what does it all mean?
The Mental Health Cop blog won the Mind 2012 Digital Media Award, in memory and in honour of Mark Hanson.
The Awards celebrate the “best portrayals of and reporting on mental health in the media.”
On mental capacity the Mental Capacity Act Code of Practice is a useful starting point http://www.justice.gov.uk/downloads/protecting-the-vulnerable/mca/mca-code-practice-0509.pdf
The Mental Capacity Act Code of Practice defines the lack of capacity as follows:’ Section 2(1) of the Act states:
‘For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.’’ (4.3).
All decisions relating to capacity are decision specific. They are not defined as ‘lacking capacity’ but lack the capacity to make a particular defined decision at a particular point in time (although of course this can be ongoing it needs to be continually reassessed). Such decisions can be small day to day decisions or major decisions, such as about major health treatment and finances.
Assessors should take heed of the five statutory principles (See 2 p19 MCA Cop). Capacity should be assumed at first, people should be aided to make decisions where possible, people should be allowed to make unwise decisions, any decision made on person’s behalf should be in best interests and least restrictive option always used.
Assessing Mental Capacity is outlined in chapter 4 of Code – See summary page 40-41 . Particularly relevant is individual’s ability to understand a decision and its consequences and to communicate their decision – are they able to understand, retain, use and weigh up the information relevant to the decision?
Best interests is not clearly defined (see chap 5 of Code) – Establishing best interests, for example, involves identifying all relevant circumstances, finding out person’s views (eg past views, values), encouraging participation, avoiding discrimination.
So to decide capacity you would need to establish ‘disturbance in the functioning of, the mind or brain’ – You would need to identify the decision that needs to be made. you would assume capacity and seek to help the person make the decision. You would be clear it is not just an unwise decision. You would seek to determine their ability to understand, retain, use and weigh up information relevant to the decision – do they understand the decision and its consequences – are they able to communicate this? In making a decision in their ‘best interests’ you would seek to make the decision taking into account their circumstances, as you are able to determine them through various means.
Generally though capacity is often a grey area – people may have partial capacity. I have left a lot out (and take no responsibility for any errors or omissions!). Best to refer to Code of Practice.
Posted by AMHP/ Social worker (@mentalhealth) | May 14, 2012, 8:09 amI am a mental health patient who has had a very bad experience with the police where I nearly died. I have made a complaint but have had, as of yet, no response from the senior officer to whom I contacted.
I have been asked to address Lord Adebowale’s committee which is looking at the interaction of the mentally ill and the police.
Please could you let me know if you could help me. Or at least hear my story.
Many thanks for your time.
You’re doing a great job:)
Sandy
Posted by Sandra | January 28, 2013, 11:23 pmHappy to hear your story or help, if I can? – feel free to leave a comment on here or email on mentalhealthcop@live.co.uk if you prefer. Whatever suits you best.
M./
Posted by mentalhealthcop | January 29, 2013, 4:59 pm