Mental illness assessment, management of depression and self harm; the Mental Health Act

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Chapter 15 Mental illness assessment, management of depression and self harm; the Mental Health Act

Primary survey

A mental illness may cause a patient to take an overdose or injure themselves in such a way that they develop immediately life-threatening ABCD problems. These problems are covered in Chapter 14.

An immediately life-threatening psychiatric situation is where the patient wants to kill themselves, or harm others (Box 15.2), but will not comply with treatment. Management will depend on a large number of factors – not only your assessment of the problem but also the extent and availability of local services.

Enlisting the support of family and carers is often the simplest and best way to resolve such conflicts. However if this does not work you will have to call for assistance. This may be the patient’s own primary care team or the mental health team. In extreme situations where you judge that there is an immediate threat to the wellbeing of the patient, or others, you should call the police.

The Mental Health Act (MHA), in Section 63, states that the detained (or ‘sectioned’) patient’s consent is not needed for medical treatment for mental disorder (when this is under the direction of the Responsible Medical Officer). This is detailed as being:

However, the MHA does not necessarily permit the compulsory treatment of a physical disorder in a patient who is not consenting.

Secondary survey

If it is obvious that the patient is going to have to be assessed by another professional then only a brief evaluation will be required. However the following steps need to be taken to ensure the patient is suffering from a mental illness and not a physical disorder. Acute infections, intoxications, drug withdrawal syndromes, diabetes and neurological conditions are common physical conditions that may present with symptoms of mental illness/disorder. An acute confusional state may present very rapidly, especially in older patients. In the elderly this frequently can result from chest or urinary tract infections, recent life change, or progressive dementia.

Medical assessment is indicated if:

Mental health assessment

While it is difficult to completely separate the mental health assessment into ‘history’ and exam sections, it aids understanding to use the SOAPC system. Effective mental health assessment requires a very sensitive consultation style to gain the patient’s trust and showing the patient that you recognise their distress and experience. Some key principles for the mental health interview are identified in Box 15.3. Consultation skills that improve identification of emotional distress include frequent eye contact, relaxed posture, use of open questions at the beginning of the -consultation, use of minimal verbal prompts while actively listening and avoiding giving information too early in the consultation.

Depression

Depression is the most common mental disorder in primary care and covers a range of mental health diagnoses and problems. These are all distinguished by lowered mood and a loss or decrease of interest and pleasure in daily life and experiences. Additionally, there are disorders of thinking, problem-solving and behavioural and physiological symptoms.5 Box 15.6 lists the diagnostic criteria for severe depression but it is often difficult to discriminate between normal mood variations, dysthymia (Box 15.7) and cyclothymic (Box 15.7) episodes and mild to moderate clinical depression.

It is not clear how effective practitioners are at preventing suicide. A number of patients who successfully commit suicide will have consulted a healthcare professional in the immediately preceding period. At least 30% see their GP in the 4 weeks prior to their deaths.6 Improving the recognition of severe depression and its treatment has been the focus –of several studies and training packages for GPs but the long-term data show little sustained difference.

It is often helpful to support the patient in ‘telling their story’ – what a typical day is like, what makes it better or worse and listening carefully not only to ‘what’ they say but ‘how’ they express their narrative.

Each year people with depression account for two-thirds of all deaths from suicide nationally (Box 15.8). Risk assessment tools and rating scales can be very helpful, e.g. the Suicide and Self-Harm Risk Assessment Scale (see Chapter 14).

Treatment and referral

Prior to the Mental Health National Service Framework (MHNSF) the traditional management of the at-risk suicidal patient was by admission to an acute mental health unit. In non-scheduled and out-of-hours care, this may be difficult due to bed shortages, high acute in-patient bed –occupancy (often in excess of 100%) and implementing MHA processes for detaining at-risk patients unwilling to agree to admission. Currently there is growth in managing these patients in the community with Crisis Resolution and Home Treatment Teams (CRHTTs) (Box 15.9). These offer intensive community-based interventions in the patient’s own home (MHNSF target of 335 CRHTTs by 2005). Where such teams exist, a referral both ‘in-hours’ and ‘out-of-hours’ to the local CRHTT should be made. The CRHTT will undertake a comprehensive mental health and risk assessment. As appropriate, a treatment, support or monitoring package will be implemented.

Other alternatives to admission that may be available include acute day hospital care, psychiatric intensive care beds and assertive outreach or assertive community treatment teams. Services are, however, very variable between primary care trusts and the community practitioner will need to be familiar with the local organisation. It is therefore useful remembering that liaison nurses in emergency and MAU departments of acute general hospitals are a useful information resource for both in-patient and primary care practitioners.

Differentiating between suicide and deliberate self-harm

The MHNSF indicates that overall the rate of suicide is dropping.7 Men are 3× more likely than women to commit suicide; women are 3–4× times more likely to present with deliberate self-harm by overdosing, cutting or other means.8 Whilst suicide is rare, a population of 250 000 would have about 25 suicides per annum. The term deliberate self-harm (DSH) indicates that the person hurts themselves, either to signal distress, in crisis and where coping strategies are limited and to release/manage overwhelming feelings.9 Whilst there may be no ‘intention’ to kill themselves the person who is self-harming does increase the risk of death with each occasion of this behaviour. NICE identify that there are -150 000 attendances at A&E each year resulting from DSH – therefore being one of the top five causes of acute medical admission.10

So why do patients self-harm? Four main themes regarding motivation emerge from experiential and empirical research evidence. Some find this the best way of handling and expressing overwhelming feelings or of escaping numbness/unreality and confirming one’s existence. It can be a method of obtaining or maintaining a sense of control. In some it is a continuation of past abusive patterns (adapted from Doy8). Behaviour always has a meaning – we often do not appreciate what it means for the person.

At times of crisis it is easy to disempower the person who has self-harmed by dismissing their often frustrating and repetitive behaviour as ‘manipulative’. Such patients are often overwhelmed and chaotic with limited coping strategies, low self-esteem and perceptions of a lack of control and safety in their lives.

If the client is not primary survey positive undertake a psychosocial and needs assessment and a risk assessment (see Chapter 14). Recognise the distress associated with deliberate self-harm and treat the person with respect. Assume the patient has the capacity to make decisions about their care unless there is evidence to the contrary. Offer full information and seek consent to make appropriate referrals.

You may provide the patient with alternatives to self-harming including help-line contact and for pre-hospital workers to consider referral for psychotherapy. Many social care or voluntary agencies may be effective in supporting the patient with relationship, accommodation, financial, substance misuse, abuse and violence issues (Box 15.10).

Mental health and its management in community settings is complex. The key challenges include developing competence in assessment and risk assessment, in clarifying roles and services in the OOH/emergency contexts and drawing up clear and agreed guidelines and communication channels. Underpinning a number of these actions is the Mental Health Act.

The Mental Health Act

Patients who have a mental disorder requiring immediate treatment commonly consent to treatment. Only around 10% of those admitted to Mental Health Hospitals are there against their will under a ‘Section’ of the Mental Health Act (MHA).

In situations where a person is suffering from a ‘Mental Disorder’ and refuses intervention for that Mental Disorder, then the Authority for intervention may be the Mental Health Act (1983). Key to the understanding of the MHA are the definitions of mental disorder. The definitions are legal terms, but the diagnosis of a type of Mental Disorder is a matter for clinical judgement. Use of alcohol and other substances might sometimes cause a Mental Disorder which is within the scope of the Act, but use of these substances in itself is not within the scope of the Act.

Only a small number of professionals are involved in applying the Mental Health Act (MHA), principally Approved Social Workers (ASWs), GPs and doctors approved under Section 12 of the Act (either psychiatrists or others with experience in mental health who have been certified by the Department of Health). Each professional completing a recommendation for detention performs a detailed assessment of the patient’s mental state and circumstances. If any one of them feels there is insufficient evidence to recommend detention, the person cannot be kept in hospital. [Mental health law is currently under review, the draft Mental Health Bill is currently receiving detailed scrutiny (and engendering great debate) prior to enactment in due course. The MHA (1983) therefore is the current mental health legislative guidance.]

Definitions

Mental Disorder is defined as: ‘mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind’.

The four sub-categories of Mental Disorder are further defined.

Treatment options

In an emergency situation the police have powers of arrest under section 136 of the MHA. Under section 136 the police may remove the patient to a place of safety for detention for up to 72 hours. The patient may be detained within that time period by anyone accepting custody from the police, and a place of safety can include an NHS hospital, police station, mental health nursing home, residential home for the mentally disordered, social services residential accommodation, or any other suitable place if the occupier is willing.

It is important to note that Section 136 does NOT include the power to impose treatment without consent. The patient has the right to consult a solicitor in private and to have a person of their choice present.

The presence of Mental Disorder does not in itself render the individual unable to give Valid Consent. Valid Consent is always ‘situation specific’. An individual who has a Mental Disorder may be able to give Valid Consent for some things, but not for others.

Use of the MHA is strictly defined (Fig. 15.1). ‘Informal’ patients are either:

admitted and treated under the Common Law doctrine of:

If an incapacitated patient Dissents, and the Dissent is ‘persistent and purposeful’ – then an Assessment should be made for compulsory Treatment under the Mental Health Act.

A ruling by the European Court of Human Rights (October 5, 2004), regarding the ‘Bournewood’ case may have significant impact on the use of Common Law to admit and treat Incapacitated Adults. At the time of writing the UK Government is considering their position regarding this ruling.

Most importantly, unless the patient has been detained under a relevant section of the MHA (currently section 3), if they have capacity they may legally refuse treatment, even if they are suffering from a mental disorder. Even if detained under section 3, only treatment for the mental disorder can be legally imposed in a patient with capacity. Treatment for a physical disorder which is not associated with the mental illness cannot be imposed under these circumstances.

Assessment of valid consent

An underlying principle of medical care is that consent should always be sought before any intervention is commenced. Treatment without valid consent may lead to charges of assault, or battery or worse, but there are situations where it is necessary to treat a patient without consent. There is sometimes a difficult conflict between the patient’s right to determine their own treatment and the professional responsibility to act ‘in the patient’s best interests’. Failure to intervene and care for a patient who cannot give valid consent may lead to charges of negligence.

The Mental Capacity Act13 gives clear guidance in this area. A good understanding of the principles of this legislation and its application to practice empowers not only the practitioner, but also the patients with whom we work.

In a large majority of cases the authority for examination and treatment is established by the patient giving their valid consent. Issues of consent in children are discussed in Chapter 5 (pages 87–89). The discussion in this section applies to adults. Valid consent comprises four components. The absence of any one component will render the consent invalid. For consent to be valid the patient should be able to:14

We must give the patient adequate information so that they can make an informed choice. The law requires that we inform the patient of the ‘broad terms of the nature of the procedure’. In the time pressured environment of emergency care it is not possible to discuss every detail of management, but we should try to ensure the patient has adequate information on which to base a decision.

We must ensure that neither we, nor anyone else, put undue pressure on the patient to comply with our wishes to intervene.

References

1 Mental Health After Care Association. First national GP survey of mental health in primary care. London: MACA, 1999.

2 Department of Health. Modern standards and service models: mental health. London: NHSE, 1999.

3 National Institute for Health and Clinical Excellence. Depression: the management of depression in primary and secondary care, 2004. Available online http://www.nice.org.uk/ (5 Mar 2007)

4 Mynors-Wallis L, Moore M, Maguire J, Hollingbery T. Shared care in mental health. Oxford: Oxford University Press, 2002.

5 World Health Organization. WHO Guide to mental health in primary care. London: Royal Society of Medicine, 2000.

6 Evans J. Suicide, deliberate self-harm, and severe depressive illness. In: Elder A, Holmes J, editors. Mental health in primary care. Oxford: OUP, 2002.

7 Department of Health. National suicide prevention strategy for England. London: DoH, 2002.

8 Doy R. Women and deliberate self-harm. In: Boswell G, Poland F, editors. Women’s minds, women’s bodies: an interdisciplinary approach to women’s health. Basingstoke: Palgrave Macmillan, 2003.

9 Burstow B. Radical feminist therapy: working in the context of violence. London: Sage, 1992.

10 National Institute for Health and Clinical Excellence. Self-harm: the short-term physical and psychological management and secondary prevention of self-harm in primary and secondary care, 2004. Available online http://www.nice.org.uk (5 Mar 2007)

11 Joint Royal Colleges Ambulance Liaison Committee. Clinical practice guidelines version 3.0. University of Warwick/ASA/JRCALC, 2004. Available online http://www.nelh.nhs.uk/emergency (5 Mar 2007)

12 World Health Organization. ICD-10 Classification of mental and behavioural disorders. Geneva: WHO, 1992.

13 http://www.dca.gov.uk/menincap/legis.htm#reldocs.

14 http://www2.warwick.ac.uk/fac/med/research/hsri/emergencycare/ jrcalc_2006/guidelines.