Why do we need the Mental Health legislation? First of all, the government plays a major role in supporting and providing services for people with mental health problems. Their responsibility appears into the mental health act, which is an act that was scripted to protect people suffering from mental illness. It was originally created in 1983 and then reviewed in …show more content…
When a person taken into care by the approval of the health professional if they pose a risk, they need to be assessed first and the section can last to 28 days. In order to get a person sectioned, two qualified doctors must agree that there is a clear risk to the person and that sectioning is the best option for the person’s interest. Under section 2 of the act, a person can be detained if they are suffering from a mental disorder of a degree that permits detention in hospital for assessment is in the interest of their own health and safety. The section 3 of the act, allows for people to be detained in a hospital for treatment up to 6 months and after this it can be reviewed for another six months. To be detained under section 3, the person must be suffering from a mental disorder of a degree that makes hospital treatment the most suitable treatment, which is available for the person. Treatments may include therapies such as problem-solving therapy, cognitive behavioural therapy and specialist mental health care. As well as providing for the detention and control of patients, legislation can provide protection and safeguards that would not be available without such a framework, for example, The Mental Health (Scotland Act 2033, Part 9, Chapters 1 and 2). Legislation also sets our rights for individuals and their nearest relatives which for instance the Articles detained in the Human Rights Act 1998 as well as responsibilities for local authorities and mental health services to provide aftercare, (The NHS and Community Care Act 1990, Part 3, Section 47).
Mental health legislation may raise additional questions such as whether mental health law is about medical treatment or about the social control of people who break rules. Using the WHO(World Health Organisation) as an example, they implemented ten recommendations for action are that all countries should which are :
1. Provide treatment in primary