Legislation - Health and Social Care

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  • Legislation - Health and Social Care
    • Childrens Act 1989
      • Three Features
        • Children have a right to be heard
          • Children should be told what is happening so they can voice their opinion
        • Wherever possible the child should be brought up within their own family
          • If the parents are unable look afer the child other family members should try to fufill the role
            • Such as Grandparents,Aunts and Uncles
          • Such as Grandparents,Aunts and Uncles
      • Three Strengths
        • Protects children from harm through Paramountcy Principle
        • Children have rights and parents have responsibilities that are clearly set out in the act
        • When children are at risk professionals are required to take action
      • Three Weaknesses
        • Children under 10 years of age are not criminal liable
        • Children can still get hurt but the abuse may be unnoticed
        • It is difficult for children to know about their rights and legal protection
    • Mental Health Act 1983
      • Three Features
        • Sets out the conditions under which a person can be treated without their consent
        • Gives relatives and approved social workers and doctors a right to have a person detained for their own safety or the safety of others
          • A second doctor's opinion is needed if the person is going to be sectioned and refuses treatment
        • Two types of detention
          • section 2
            • section for assessment that lasts 28 days
            • cannot be renewed
            • If they are discharged they should revise aftercare such as councelling
          • Section 3
            • After section 2
            • for treatment
            • Initially for three months, then can be renewed for another three months and then six months
      • Two Strengths
        • Prevents clients hurting themselves or others through the mental health act
        • People that are sectioned have a right to appeal with a mental health review tribunal
          • Consists of a doctor, solicitor and a lay person
          • Client has a right to legal aid and representation of a lawyer
      • Three Weaknesses
        • Focuses more on control and containment than treatment so heightens stigma around mental illness
        • Does not take into account clients human rights
        • Consideration has not been given to new community care
    • Untitled
  • Two types of detention
    • section 2
      • section for assessment that lasts 28 days
      • cannot be renewed
      • If they are discharged they should revise aftercare such as councelling
    • Section 3
      • After section 2
      • for treatment
      • Initially for three months, then can be renewed for another three months and then six months

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