Universal legalisation includes duty of care under the Wrongs and Other Acts (Law of Negligence) Act (2003) and the Charter of Human Rights and Responsibilities Act (2006). Contextually based legislation for Daniel is the Mental Health Act (2014) and the Guardianship and Administration Act (1986), with the Disability Act (2006) supplementing the Guardianship and Administration Act (1986). The Charter of Human Rights and Responsibilities Act (2006), as previously discussed protects Daniel in a number of ways but especially ‘recognition of equality before the law’ (s.8), ‘protection from …inhumane and degrading treatment’ (s.10) and ‘humane treatment when deprived of liberty’ (s.22) (Fitzroy Legal Service, 2016). Daniel is through for protected against harm, stigma and discrimination practically from practitioners. The Mental Health Act (2014) regulates many aspects of mental health treatment including voluntary and involuntary treatment, assessment requirements, allowable treatments, medications and complaints. For Daniel this act will be working with him for most if not all of his life and he will require a lot of support from it, as it does with outlining his rights and the procedures to uphold his rights. The act also has within it disempowering aspects to it such as assessments which could reduce Daniels rights and choices (Chenoweth & McAuliffe, 2015; Fitzroy Legal Service, 2016; Brophy & Mcdermott, 2013; Brophy, Campbell & Healy, 2003). The Guardianship and Administration Act (1986), with the Disability Act (2006) supplementing is there if the capacity of Daniel goes to VCAT, and thus Daniel will need to be proven incompetent and with mental health related disability, as the Guardianship and Administration Act (1986), stipulates the powers and legality of guardians and the process in which the guardianship can be made and the disability act defines disability and…
| The Mental Capacity Act 2005 prevents people who lack mental capacity from being mistreated or wilfully neglected.…
All service users have’ person centered risk assessments’ which covers the needs of each individual. We use legislation such as Mental Capacity Act, Deprivation Of Liberty Act (05) for safeguards whilst putting assessments and evaluations in place. We also look at Human Rights Act and freedom of choice when setting up personal plans.…
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.…
Mental health (Northern Ireland) order (1986) – This order provides the legal framework in Northern Ireland for compulsory admission and treatment of patients suffering from mental illness. GPs can be involved in Mental Health Order assessments in community or hospital settings.…
With the closing of the large intuitions in the early 1990s and the rise of smaller units being set up within communities, the policy change ideology was for individuals who have a mental illness to live independent lives, and to learn skills to function within society. It was deemed that these vulnerable individual’s faced more risk from staff than what small risk they posed to others. ( k272, Reader, p.138). However if there was a need for intervention then there would be the power to detain that person against their wishes in hospital to ensure their safety and that of others. The Mental Health Act (1983) is the piece of statute law in the United Kingdom which allows this. This act is reviewed and regulated by the Mental Health Act Commission (MHAC). With this change in policy, there has been panic due to perceived risks which are faced by the public from individuals whom suffer mental distress. This has been reinforced by the media. (K272, Unit 14, p.40). These fears which the Public share are firstly exaggerated and are inaccurate with respect to the correlation between mental illness and violence. ( K272, unit 14, p.38, Start et al, 2004, ). Research has shown that self - harm and suicidal risk is much greater, than that of violence to the public, even though the media represents, it differently. (Mind, 2006).…
Mental Capacity Act (2005) - The Mental Capacity Act 2005 for England and Wales received Royal Assent on 7 April 2005 and came into force in 2007…
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…
Department of Health and Welsh Office. (DH), (1999) Mental Health Act 1983 Code of Practice. Norwich: TSO.…
Aii An explanation of how health and safety policies and procedures protect people using social care settings.…
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.…
H.R. 751--112th Congress: Mental Health in Schools Act of 2011. (2011). Retrieved February 16, 2013, from http://napolitano.house.gov/sites/napolitano.house.gov/files/images/mental_health_in_schools_act_2011.pdf…
The Mental Health Parity Act of 1996 is legislation in the United States that required the annual caps and lifetime maximum benefits for mental health insurance to be equal to those for other forms of health insurance. The main goal of this act was to create equal coverage between medical and surgical services and mental healthcare services. The principle beneficiaries of the Mental Health Parity Act would be persons with the most severe, persistent and disabling of brain disorders because they are, on average, more likely to exceed annual and lifetime benefits. President Clinton signed the Mental Health Parity Act of 1996 (P.L. 104-204) into law on September 26, 1997. The law was to take effect on January 1, 1998, and expire on September 30, 2001.…
Compare and contrast the Police powers under the Mental Health Act 1983 and the Mental Capacity Act 2005.…
Using knowledge of Health & safety legislation along with the knowledge of safeguarding of vulnerable adults (local/national policies) and the mental capacity act.…