Mental health law is about securing benefits for, and protecting the rights of people with mental disorder with the primary objective to make sure individuals can receive effective care and treatment.
The Mental Health Act (1983) is a significant statutory framework for anybody working within mental health, providing a framework for decision making, by providing a logical format in which balances the law and legal values in order for a mental health worker to reach a decision of action.
It defines the circumstances in which a person suffering from a mental health condition can be detained for treatment without their consent. To make sure that people with mental disorders get the care and treatment they need for their own health or safety or for the protection of other people. As The Department of Health overview states:
The main purpose of the legislation is to ensure that people with serious mental disorders which threaten their health or the safety of the public can be treated irrespective of their consent where it is necessary to prevent them from harming themselves or others. (DOH, 2007)
The Act sets out the criteria that must be met before compulsory measures can be taken, along with protections and safeguards. The importance of this Act is to ensure people with an effective service with boundaries and laws to protect vulnerable individuals, maximising their safety and well-being and protecting them from harm.
It also allows practitioners guidance, to ensure good professional practice of their duties, roles and responsibilities. Such as procedures on compulsory admission, rights and safeguarding and the codes of practice they are expected to follow required by the Act.
The importance of the Act provides such professionals with guidance on how to respond to situations and act in accordance to their expected role to prevent unfair treatment, inappropriate detainment and discrimination.
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