The intent of this assignment is to choose a peculiar statute law and to associate it to the function of the nurse by pulling on relevant literature every bit good as larning log entries. The statute law chosen for this assignment is the Mental Health Act MHA ( 1983 ) and the ground is because of the chosen field for pattern. Under this Act. persons enduring from mental unwellness can be admitted and detained into psychiatric infirmary for intervention against their will ( Dimond. 2011 ) . This peculiar jurisprudence has a figure of subdivisions. since this assignment is about researching the function of the nurse. the focal point of the treatment will be on subdivision 5 ( 4 ) which is about nurses keeping power.

Occasionally. physicians are non instantly available on the wards hence this subdivision was introduced in order for nurses of the ‘prescribed class’ ( see appendix 1a ) to confine informal inmates enduring from a mental upset whilst they were a threat to themselves or others of up to 6 hours or until the responsible physician arrives ( Fennel. 2009 ) .

Before using this subdivision. the nurse’s function is to set about a thorough appraisal including a hazard rating. However. in pressing instances the Code of Practice of the Act backs up the sectioning without transporting out appropriate appraisal ( DH. 1999 ) . The nurse should see the expected clip of the physician against how eager the patients wants to go forth. Nevertheless. the bulks in those state of affairs nurses conveying into play their good communicating and persuasion accomplishments and win in converting the patient to wait until the physician arrives for their intervention ( Dickinson. 2007 ) . However. when non feasible the nurse should foretell the consequence it could hold on the patient. For illustration. if the patient is showing marks of anxiousness or hurt nurses should see the effects ( see appendix 1b ) to them and others if go forthing the infirmary ( Dickinson. 2007 ) .

Alternatively. if all the steps undertaken are exhausted and the patient is still inexorable that they want to go forth the infirmary. so the nurse should utilize the subdivision 5 ( 4 ) of the Act by finishing signifier 13 ( see appendix 2 ) and manus over to directors or MHA decision maker without hold. The nurse must guarantee the patient is good informed about why they are being detained as stipulated by the Care Quality Commission ( 2010 ) . In add-on. the ground for the patient’s detainment should be explained and their rights both expressed orally and in composing. Furthermore. it is a statutory responsibility for the nurse to advise the patient’s following of family ( Dimond and Barker. 2001 ) . For illustration in pattern when a patient saw their close one visit them on the ward half of their concern disappeared and was able to quiet down therefore the measure taken by the nurse helped the patient to experience reassured making a safe environment for everyone.

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Last but non least. it is highly of import for the nurse to document all the information in the nursing and medical notes as said by NMC guidelines for records and record maintaining ( NMC. 2009 ) . Furthermore. nurses should finish an incident signifier and direct it to the hazard director which he in bend will take the appropriate step in respects to the result. In add-on. when passing over nurses should advise the bow coming displacement of whoever is detained under that subdivision ( Dickinson. 2007 ) . On reaching of the physician the keeping power ceases and an account is given to the latter of when and why the subdivision was used. Finally. Form 16 should be completed and sent to the infirmary director.

To reason the cardinal function of the nurse harmonizing to the NMC. ( 2009 ) is to safeguard the patient and the populace at all times. Obviously if a patient is at hazard of harming himself and others and the nurse was to make nil. so clearly it would be a breach of the professional contract and an stepping down of duty.

Appendix 1

1a ‘Prescribed class’ registered nurses

( I ) Registered Nurse Level 1 Mental Health

( two ) Registered Nurse Level 2 Mental Health

( three ) Registered Nurse Level 1 Learning Disability

( four ) Registered Nurse Level 2 Learning Disability

( Beginning from Dickinson. 2007 )

1b Consequences of the patient go forthing the infirmary and the likeliness of:

– The patient self-harming or committing self-destruction

– The patient moving in a violent mode

– Any grounds of broken thought

– The patient’s current behavior and in peculiar.

any alterations in their usual form of behavior

– Any recent perturbations on the ward

– Any late received messages from relations or friends

– Any relevant engagement of other patients

– The patient’s known capriciousness

– Any other relevant information from members of the

multidisciplinary squad ( MDT )

( Beginning from DH. 1999 ) .

Appendix 2

Examples of Form 13 necessitating nurses to bespeak by omission their ‘class’

Corrected descriptions of nursing makings on the statutory Form 13 would be as follows:

a ) In Pt 3 ( first degree nurse trained in the nursing of individuals enduring from mental upset )


( aa ) In Pt 4 ( 2nd degree nurses trained in the nursing of individuals enduring from mental unwellness )


B ) In Pt 5 ( first degree nurse trained in the nursing of individuals enduring from mental upset )


( BB ) In Pt 6 ( 2nd degree nurse trained in the nursing of individuals enduring from mental upset )


degree Celsius ) In Pt 13 ( nurses qualified following a class of readying in mental wellness nursing )


vitamin D ) In Pt 14 ( nurses qualified following a class of readying in larning disablement nursing )

( Beginning from Dickinson. 2007 )


Care Quality Commission. ( CQC ) . ( 2010 ) Monitoring the usage of the Mental Health Act in 2009/10. London: TSO. Department of Health and Welsh Office. ( DH ) . ( 1999 ) Mental Health Act 1983 Code of Practice. Norwich: TSO.

Dickinson. T. ( 2007 ) Section 5 ( 4 ) of the Mental Health Act 1983: the art of using the Act. British Journal of Nursing. 2007. Vol 16. No 20.

Dimond. B. ( 2011 ) Legal Aspects of Nursing and Health Care. London: Pearson Education.

Dimond. B. and Barker. F. ( 2001 ) Mental Health Law for Nurses. Sixth Edition. London: Blackwell Offices.

Fennel. P. ( 2009 ) . Mental Health The New. Bristol: Jordan Publishing Ltd.

NMC. Nursing and Midwifery Council ( 2009 ) . Record Keeping Guidance for Nurses and Students: London: HMSO.


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