Capacity, consent and legal frameworks

• What is the mental capacity act?

  Applies to people over 16 -> used to protect people who may lack capacity to make some decisions for themselves
• What is DoLS?

  Protection for adults in hospitals or care homes in circumstances that amount to a deprivation of their liberty but lack capacity to the care or treatment they need
• What are the 5 key principles?

  Presumption of capacity

  Support in making their own decisions

  Unwise decisions

  Best interests

  Least restrictive option
• What are 2 police holding powers?

  Section 135

  Section 136
• What is section 135?

  Allows access to a private address without permission
• What does section 135 require?

  Magistrate permission and is address specific
• What is section 136?


  Used to take someone to a place of safety if they're in public
• What is section 5(4)?

  Nurses' holding power:

  • Used only by trained nurses if no doctor is available
  • Can only be used in a psychiatric hospital
  • Can hold a patient for up to 6 hours
• When does a section 5(4) terminate?

  When a doctor arrives on the ward
• When is a section 5 used?

  When section 2, 3 or 4 are not possible or safe to be used
• What is section 5 used for?

  Patients leaving the hospital if they are in hospital voluntarily
• What is section 5(2)?

  Doctors holding power:

  • Only usable by a fully registered doctor
  • Can hold a patient for up to 72 hours
• What counts as a fully registered doctor?

  F2 or above
• What is section 2?

  Assessment section - allows doctors to determine:

  • Type of mental disorder
  • If treatment is required and what
  • Patient may be kept in hospital for up to 28 days
• What does a section 2 require?

  2 doctors and an AMHP
• What is an AMHP usually?

  Social worker