Module 1 Quiz – Mental Health Law – The Legal Framework and updates

Question 1: Mental Disorder is defined in Section 2 of the Mental Health Act

Question 2: Mental Disorder in the Mental Health Act is defined as ‘Any disorder or Disability of the Mind’

Question 3: Under the Human Rights Act 1998 higher courts can make declarations that a law is incompatible with the European Convention on Human Rights

Question 4: In relation to the Mental Capacity Act everything done for or on behalf of people with capacity must be done in their best interests

Question 5: Recall under a Community Treatment Orders is at the discretion of the RC

Question 6: Common law is not as important as laws passed by parliament

Question 7: The conditions placed on a patient Conditionally Discharged cannot be used to deprive them of their liberty in a care home       

Question 8: Guardianship can only be applied in the interests of the welfare of the patient             

Question 9: Nursing care and specialist day-to-day care in hospital may amount to appropriate medical treatment within the meaning of the Mental Health Act

Question 10: Common law may be used to deprive a person of their liberty within the meaning of Article 5 of the ECHR