To build on the work already undertaken by partners since publication of the Sasha SAR in May 2020, the HSAB has developed the briefing linked below which specifically addresses learning relating to the understanding and application of Mental Health Act and Mental Capacity Act specifically where a person is presenting with severe self-harm and suicide behaviour and is refusing treatment:
SAR Learning Point 6: The Provisions of the Mental Health Act should be applied robustly in order to ensure safety and treatment. This will prevent confusion as to the status of a detained person as well as clarity regarding use of the Mental Health Act and/or Mental Capacity Act.
SAR Learning Point 7: Mental Capacity needs careful and robust assessment where a person is presenting with severe self-harm and suicide behaviour and is refusing treatment.
SAR Learning Point 8: Advance decisions should always attract questions and seeking of legal advice in cases of self-harm and suicidal behaviour.
This briefing is intended as a useful tool to support and guide for staff working in this particularly complex and challenging area of practice.