Does the Nhs & Community Care Act 1990 Provide Powers to Force Maeve to Comply with an Assessment or a Care Plan?
Does the NHS & Community Care Act 1990 provide powers to force Maeve to comply with an assessment or a care plan?
The NHS and Community Care Act (1990) s.47(1), places an overarching duty on the local authority to carry out an assessment of needs for community care services with people who appear to be in need of those services; if services are provided the assessment must lead to a care plan facilitated by the service user and all services involved in her care. Maeve can be assessed in line with Single Assessment Process (SAP) identified in the National Service Framework for Older People (2001) which places a responsibility under s.7(1) Local Authority Social Services Act (1970).
Section 47(2) NHSCCA (1990) advises that if during the assessment it becomes apparent that the person being assessed is disabled according to the definition in s.29(1) National Assistance Act (NAA) (1948), a duty is imposed on local authorities under s.4 Disabled Persons Act (1986) to decide whether the needs of a disabled person call for the provision by the LA of any services.
The LA has no powers to force a person to accept services; however, s.47 N AA (1948) can be used to force the receipt of services to “prevent injury to the health of, or serious nuisance to, other persons” (s.47 NAA (1948)
In light of the information available to you from the GP, including all the information from Kenneth and the neighbours, are there grounds for considering use of powers under the Mental Health (Amendment) Act 2007 with Maeve? In your answer, you need to name any sections that you consider to be relevant, explain their grounds and show why you think those grounds could be met by Maeve’s current condition and situation. What assessment processes would need to be followed by which professionals in order to decide if such powers were applicable? What would be the effect upon Maeve if such powers were used?
Maeve’s current behaviour is out of context to what is ‘normal’ for her. She is
The NHS and Community Care Act (1990) s.47(1), places an overarching duty on the local authority to carry out an assessment of needs for community care services with people who appear to be in need of those services; if services are provided the assessment must lead to a care plan facilitated by the service user and all services involved in her care. Maeve can be assessed in line with Single Assessment Process (SAP) identified in the National Service Framework for Older People (2001) which places a responsibility under s.7(1) Local Authority Social Services Act (1970).
Section 47(2) NHSCCA (1990) advises that if during the assessment it becomes apparent that the person being assessed is disabled according to the definition in s.29(1) National Assistance Act (NAA) (1948), a duty is imposed on local authorities under s.4 Disabled Persons Act (1986) to decide whether the needs of a disabled person call for the provision by the LA of any services.
The LA has no powers to force a person to accept services; however, s.47 N AA (1948) can be used to force the receipt of services to “prevent injury to the health of, or serious nuisance to, other persons” (s.47 NAA (1948)
In light of the information available to you from the GP, including all the information from Kenneth and the neighbours, are there grounds for considering use of powers under the Mental Health (Amendment) Act 2007 with Maeve? In your answer, you need to name any sections that you consider to be relevant, explain their grounds and show why you think those grounds could be met by Maeve’s current condition and situation. What assessment processes would need to be followed by which professionals in order to decide if such powers were applicable? What would be the effect upon Maeve if such powers were used?
Maeve’s current behaviour is out of context to what is ‘normal’ for her. She is
References: Brown, Robert & Barber, Paul (2008) The Social Worker’s Guide to the Mental Capacity Act. Exeter: Learning Matters Code of Practice; Mental Health Act 1983. London:TSO The Community Care Assessment Directions 2004. Mandelstram, M (2009) Community Care Practice and the Law (4th ed). London: Jessica Kingsley |