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Section 5(2): who acts as the consultant's nominated deputy?

Published online by Cambridge University Press:  02 January 2018

Sally-Ann Cooper
Affiliation:
Mental Illness Unit, Leicester General Hospital, Gwendolen Road, Leicester LE5 4PW
Ruth Harper
Affiliation:
Mental Illness Unit, Leicester General Hospital, Gwendolen Road, Leicester LE5 4PW
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Section 5(2) of the Mental Health Act, 1983 allows for the detention of an informal in-patient, should he/she wish to leave hospital but be considered a danger to him/herself or others if allowed to do so. The 72 hour period of detention allows time for a completed assessment for application for admission under Section 2 or 3 of the Act; it is not intended to replace this fuller assessment. The 1983 Mental Health Act introduced new provisions with regard to Section 5(2). The equivalent Section 30 of the Mental Health Act 1959 did not provide for a nominated deputy to act on behalf of the registered medical practitioner in charge of the patient's treatment (RMP). The nominee must exercise his/her own clinical judgement but, as indicated in the Code of Practice (1990), must contact the nominating doctor or another consultant to discuss the need for Section 5(2), before implementing it. The nurses' holding power, Section 5(4), was also a new provision in the 1983 Act.

Type
Audit in practice
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Copyright
Copyright © Royal College of Psychiatrists 1992

References

Brown, N. S. (1991) Section 5(2) audit. Psychiatric Bulletin, 15, 706.CrossRefGoogle Scholar
Code of Practice, Mental Health Act 1983 (1990) Her Majesty's Stationery Office.Google ScholarPubMed
Joyce, J. P., Morris, M. B. & Palia, S. S. (1991) Section 5(2) audit. Psychiatric Bulletin, 15, 224225.CrossRefGoogle Scholar
Mental Health Act Commission Second Biennial Report (1986) Her Majesty's Stationery Office.Google Scholar
Pourgourides, C., Prasher, V. P. & Oyebode, F. (1992) Use of Section 5(2) in clinical practice. Psychiatric Bulletin, 16, 1416 CrossRefGoogle Scholar
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