Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, what steps he is taking to prevent the detention of patients with mental health illnesses who have not received a full medical assessment.

The Mental Health Act 1983 sets out strict criteria which have to be satisfied before a person can be detained for assessment (under section 2) or treatment (under section 3) for mental disorder. Hospital managers can only detain a person under section 2 or section 3 of that Act if an application by an approved mental health professional (AMHP) is supported by two medical recommendations. One of those recommendations must come from a doctor who is approved under section 12 of the Act as having special experience in the diagnosis or treatment of mental disorder.

The doctors must confirm that they have examined the patient when they make their recommendation. The AMHP has to confirm that they have seen the patient within the 14 day period ending with the date of the application.

Deprivation of Liberty Safeguards apply when people with either physical or mental health conditions lack the capacity specifically to consent to treatment or care either in a hospital or care home. To legally authorise a deprivation of liberty in a hospital or care home, there have to be six assessments including a mental capacity assessment, a mental health assessment and a best interests assessment.