Mental Health Act 1983
The Mental Health Act of 1983 covers the detention of people deemed a risk to themselves or others. It covers four categories of mental illness: severe mental impairment, mental impairment, psychopathic disorder and mental illness. Psychopathic disorder relate to people who have a "persistent disorder or disability of the mind" which leads to aggression. The Act allows people considered to be mentally ill to be detained in hospital and given treatment against their will. They are usually detained because it is considered in their interests and for their own safety, but they may be held because they are deemed a risk to others, but they do not have to of committed a crime of harmed anyone. Medication for mental disorder can be prescribed and administered to some categories of patients detained under the Mental Health Act without their consent for a period of three months. After that, medication can be administered only in certain circumstances. The Act allows for detention for several different periods. People can be detained against their will for 28 days if two doctors agree to their committal, usually for patients being detained for the first time for assessment. Patients may also be detained for up to six months, but this requires the consent of the person's nearest relative. This order can be renewed after six months and then annually. Patients can also be admitted under an emergency order on the recommendation of a doctor. Patients that are detained voluntarily can be prevented from leaving if they are still deemed a risk to themselves and the public. The Act covers other orders, including guardianship and people detained as a result of a criminal trial.
(http://news.bbc.co.uk/1/hi/health/260798.stm)
Enduring power of Attorney Act 1985
Supervised community treatment allows someone who has been detained under certain sections of the Mental Health Act 1983 to be discharged from hospital under a Community Treatment Order. Someone who has been kept in hospital under section 3 of the Act or someone diverted to hospital from the criminal justice system under certain sections of the Mental Health Act can be put on a community treatment. Someone on a section 2 or a voluntary patient cannot be put on a CTO.
A community treatment order means that someone has to comply with certain conditions to stay in the community. It may be that they are recalled to hospital if they do not keep to these conditions or if their Responsible Clinician (the person in charge of their care) feels they need to be back in hospital.
(http://www.rethink.org/living_with_mental_illness/coping_in_a_crisis/using_the_mental_hea.html)
People who lack mental capacity need someone else to manage their legal, financial and health affairs. Any person who is aged 18 or older who has the mental ability to make decisions for them self can make the decisions for another person in the future. This legal authority is called 'power of attorney'. The person who is given power of attorney is known as the 'attorney'. The person that they care for can appoint one person as their attorney or they can appoint more than one attorney to act as a 'jointly', meaning they must always make decisions together, or 'jointly and severally', meaning they can make some decisions together and some individually, or 'jointly' on some matters, and 'jointly and severally' on others. It is up to the person who is making the power of attorney to decide how many attorneys they want and how they should act. However, if more than one attorney is appointed to deal with the same issue, then they must act jointly unless the power of attorney states they do not need to. There are three different types of power of attorney, lasting power of attorney (LPA), for matters relating to property and affairs, LPA for matters relating to the person’s welfare and enduring power of attorney (EPA) concerning only property and affairs, made under a previous law, the Enduring Powers of Attorney Act 1985.
The LPA has to be made in a fixed legal way and is not legally recognised until it is registered with the Office of the Public Guardian. The person making the power of attorney (known as the donor) can register the LPA while they are able to make decisions for themselves. Alternatively, it can be registered by the attorney at any time
There are two separate legal documents, the personal welfare LPA, and the property and affairs LPA. These legal documents can be made and registered at different times, or together. The donor can appoint one attorney or more to act for them regarding both their personal welfare and property and affairs.
(http://www.nhs.uk/CarersDirect/moneyandlegal/legal/Pages/Powerofattorney.aspx)
The Human Rights Act 1998
The Human Rights Act 1998 came into force in the United Kingdom in October 2000. It is composed of a series of sections that have the effect of codifying the protections in the European Convention on Human Rights into UK law. All public bodies such as courts, police and local governments carrying out public functions have to comply with the Convention rights. This means, among other things, that individual’s can take human rights cases in domestic courts; they no longer have to go to Strasbourg to argue their case in the European Court of Human Rights. Humans rights are fundamental rights and freedoms that individuals in the UK have access to. Human rights that can protect people with dementia or other mental illnesses are respect for private and family life, home and correspondence, freedom of thought, belief and religion and protection from discrimination in respect of these rights and freedoms.
(http://www.equalityhumanrights.com/human-rights/what-are-human-rights/the-human-rights-act/)
One way in which human rights protect those with dementia or other mental health problems is the right not to be treated in an inhuman or degrading way protects those who are confused and may not be aware of their surrounding being severely mentally or physically suffering or being treated grossly, humiliatingly or undignified.
(http://www.dementiarights.org/examples-of-human-rights-in-health-and-social-care/)
Disability discrimination acts of 1995 and 2005
The Disability Discrimination Act 1995 was drawn up to help protect the rights of people with disabilities and enforce the concept of equal opportunities. It was extended by the Disability Discrimination Act 2005. The Disability Discrimination Act 1995 (DDA) makes it unlawful to discriminate against people with a disability in certain areas, including employment, access to goods, facilities and services, and education.
The Disability Discrimination Act protects the rights of people with disabilities and prevents discrimination against them. * Disability discrimination takes place when a person with a disability is treated less favourably than others. This is for a reason relating to the disability, and the less favourable treatment cannot be justified. * A number of areas are covered by the Act, including employment, access to goods, facilities and services, and education * In some limited circumstances, less favourable treatment of a disabled person may be justified. * It is possible to take action if you feel you have been discriminated against due to a disability. http://rethink.org/document.rm?id=699
Care standards act 2000
The most significant task performed by the Care Standards Act 2000 was that it reformed, simplified and extended the registration regime for social care in England and Wales. For children’s services, the Act requires registration of the following services: * children’s homes; * residential family centres; * independent fostering agencies; * voluntary adoption agencies; * Adoption support agencies. http://www.ccinform.co.uk/articles/2007/05/05/1467/the+care+standards+act+2000.html Mental capacity act 2005 (including deprivation of liberty safeguards 2009)
The Deprivation of Liberty Safeguards (DoLS) is part of the Mental Capacity Act 2005. They aim to make sure that people in care homes and hospitals are looked after in a way that does not inappropriately restrict their freedom. The safeguards should ensure that a care home or hospital only deprives someone of their liberty in a safe and correct way, and that this is only done when it is in the best interests of the person and there is no other way to look after them. http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=1327
The Mental Capacity Act Deprivation of Liberty safeguards (formerly known as the Bourne wood safeguards) were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007 (which received Royal Assent in July 2007).
The MCA DOL safeguards apply to anyone: * aged 18 and over * who suffers from a mental disorder or disability of the mind – such as dementia or a profound learning disability * who lacks the capacity to give informed consent to the arrangements made for their care and / or treatment and * For whom deprivation of liberty (within the meaning of Article 5 of the ECHR) is considered after an independent assessment to be necessary in their best interests to protect them from harm.
The safeguards cover patients in hospitals, and people in care homes registered under the Care Standards Act 2000, whether placed under public or private arrangements
The aim is to implement the safeguards in April 2009. The safeguards are designed to protect the interests of an extremely vulnerable group of service users and to: * ensure people can be given the care they need in the least restrictive regimes * prevent arbitrary decisions that deprive vulnerable people of their liberty * provide safeguards for vulnerable people * provide them with rights of challenge against unlawful detention * avoid unnecessary bureaucracy
http://webarchive.nationalarchives.gov.uk/+/www.dh.gov.uk/en/socialcare/deliveringadultsocialcare/mentalcapacity/mentalcapacityactdeprivationoflibertysafeguards/index.htm
You May Also Find These Documents Helpful
-
Donald Halls’ “A Hundred Thousand Straightened Nails” is a symbolic presentation of the decay of New Hampshire the author uses the life of Washington Woodward to show the pointless existence that is experienced in a place as lifeless as New Hampshire. He uses the contrast of his own opinion and the beliefs of Woodward to show how after a while it is impossible to escape a pointless mindset. Washington finds joy in discarded relics such as old nails, and wood, and finds simple joy in simple life. He settled on life, in his lifeless town and spent his life with his animals, his stories, his beliefs and his box of “A Hundred Thousand Straightened Nails.”(Hall)…
- 1234 Words
- 5 Pages
Good Essays -
The criteria and procedure for an involuntary inpatient detention, examination inpatient and outpatient placement is as follows. The term Baker Act allows for a person to be pick up and transported to a crisis receiving facility for an involuntary psychiatric exam. In order for a law enforcement officers to detain a person one of the three criteria is needed; first, the officer’s personal recorded observations, police may detain and transport a person for involuntary examination if there is a reason to believe she/he has a mental illness, defined as “impairment of the mental or emotional processes that exercise conscious control [over the person’s] action or of the ability to perceive or understand reality which impairment substantially interferes with the person ability to meet the ordinary demands of living” (Clausen, 2014, p. 14 ). Second, order by the court or Ex-parte which is a petition for involuntary examination request by a family member who has observed the behavior and can describe the action of the person that cause them to believe that the family member is mental ill (Mental Health Program Office & Department of Mental Health Law & Policy,…
- 1372 Words
- 6 Pages
Good Essays -
generally, service users detained under the Mental Health Act 1983 must be told what the Act has to say about treatment for mental disorder. This includes the circumstances, if any, under which they can be treated without consent, the circumstances in which they have the right to refuse treatment, the role of second opinion appointed doctors, and, where relevant, the rules on electroconvulsive therapy. Where a particular treatment is proposed during detention, the service user has a right to be given sufficient information to ensure that he or she understands the treatment in broad terms, including its nature, likely effects and significant possible adverse outcomes, the likelihood of its success and any alternatives to it. However, the Act allows service users to be given certain treatments in an emergency, for example in response to an immediate crisis; in this situation the health professionals are not legally obliged to ascertain whether a patient is capable of consenting to the treatment, or to discuss the treatment in full. As a matter of good practice, however, notes relating to an individual's mental capacity and attitude to receiving the treatment should be recorded on his or her medical file. Mind has produced an outline guide to the Mental Health Act…
- 769 Words
- 4 Pages
Good Essays -
Section 136 of the Mental Health Act 1983 gives a Constable a preserved power of arrest under the Police and Criminal Evidence Act (PACE) 1984 permitting reasonable force. In addition, the caution should…
- 1321 Words
- 6 Pages
Good Essays -
Under the Mental Health Act those who are sectioned for their own or society's safety are done so with the authorisation of a doctor who has to be approved by the Secretary…
- 725 Words
- 3 Pages
Good Essays -
The Mental Health Act 1983 - The Court of Protection exists to safeguard the interests of anyone who is 'incapable by reason of mental disorder of managing and administering his property and affairs'. Anyone found on medical evidence to meet these criteria is known as 'a patient'. The Court's duties are normally carried out by appointing a receiver for a patient. The Mental Health Act 1983 gives the Court power to authorise virtually any transaction on behalf of a patient and to do whatever is necessary or expedient for the maintenance or benefit of the patient, his family and dependants.…
- 20328 Words
- 82 Pages
Powerful Essays -
Identify legislation and policies which are designed to promote the human rights,inclusion equal ife chances and citizenship of individuals with learning disabilities…
- 854 Words
- 4 Pages
Satisfactory Essays -
Are all laws put into place to help protect an individual from abuse whilst ensuring they can still for fill their right and maintain a sense of individuality. If the person is in care the organisation will have policy’s and procedures in place to risk asses and ensure the protection of the carers, organisation and the individual from danger, harm and abuse.…
- 1015 Words
- 5 Pages
Good Essays -
The Mental Health Act 2007 was created for patients suffering from mental disorders to be admitted into hospital and treated without their consent if they are deemed be a risk to their own health and safety or for the protection of others1. The act has different ‘sections’ (see table 1), which are used depending on what circumstance each patient has or needs1. To be sectioned means a compulsory detention into hospital by law. If a patient is willingly accepts to be admitted they are referred to as an ‘informal’ admission2.…
- 820 Words
- 4 Pages
Good Essays -
To understand the universality of human nature we can explore common traits and characteristics, many of which are prevalent in Jane Yolen's novel, Briar Rose. Yolen produces a very powerful and complex novel exploring the emotional aftermath of the Holocaust. Yolen has intertwined the facts of the Holocaust with the story of Briar Rose, a traditional fairy tale, in order to speak about the Holocaust without having to go into the historical detail of the experience. Yolen whose background is Jewish has previously written a novel detailing the Holocaust, uses Briar Rose as an extension of her work. Significant aspects of human nature that Yolen focuses on include the courage and heroism of the character Josef as he expresses the power of survival, the ability of Gemma to cope with her history and memories from the Holocaust and the journey of Becca to unravel the truth of her grandmothers past and therefore her identity.…
- 952 Words
- 4 Pages
Good Essays -
Care and treatment for the Mentally Disordered Offender (MDO) has always reflected society’s intolerance and punitive attitude, typified by a desire to remove persons with mental illness from public sight (Gostin, 1983). Traditionally, health care for this population was provided in institutions until the 1950s. De-institutionalisation and large-scale closures of psychiatric institutes in the 1980s resulted from therapeutic advancement and the advent of psychotropic medication, which in turn led to a need to provide care and treatment in the least restrictive setting (Geller et al, 2006 ; Morrow e al 2003). Many patients were discharged, starting part of the government's policy of care in the community, part of which Community Treatment Orders (CTOs) are. Introduced internationally since 1980, CTOs were introduced in England and Wales with the amendment to the 1983 Mental Health Act, in 2007. An analysis and evaluation of the adequacy and appropriateness of the laws and services related to MDOs, regarding their treatment in the community will be the focus of this assignment. Recommendations of where changes or enhancements might be useful will be proposed.…
- 5378 Words
- 22 Pages
Better Essays -
The Mental Health Act 1983 – The court of protection exists to safeguard the interests of anyone who is incapable by reason of mental disorder of managing and administering his properly and affairs. Anyone found on medical evidence to meet these criteria is known as a patient. The Court’s duties are normally carried out by appointing a receiver for a patient. The Mental Health Act 1983 gives the Court power to authorise virtually any transaction on behalf of a patient and to do whatever is necessary or expedient for the maintenance or benefit of a patient, their family and dependants.…
- 6162 Words
- 20 Pages
Powerful Essays -
Outcome 1- understand key legislation and agreed ways of working that ensure the fulfilment of rights and choices of individuals with dementia while minimising risk of harm.…
- 1329 Words
- 6 Pages
Good Essays -
An patient detained under the mental health Act 1993, the decision to access treatment is made by other authorised individuals such as medical offers and police due to the person being unable to make that decision.…
- 530 Words
- 3 Pages
Satisfactory Essays -
It can only be 250 words, so I tried to keep it short. ... Give your essay an edge that has your "name" on it, with personal examples. You wrote ...…
- 410 Words
- 2 Pages
Satisfactory Essays