Mental Health Legislation
- Created by: Daniel Kirkbride
- Created on: 26-04-17 11:38
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- Mental Health Act and Mental Capacity Act
- Mental Health Act Features
- MHA 1983
- 3 definitions of the types and degrees of mental illness:
- Mental disorder; Mental impairment; Psychopathic disorder
- The MHA is the law under which someone can be admitted, detained and treated in hospital against their wishes
- Covers the rights of people while detained, how they can be discharged and what aftercare they can expect to receive
- Details what happens when someone is sectioned
- Must be told their rights, including the right to appeal and the right to an advocate
- They can be given treatment like medication against their will
- They should receive aftercare when discharged
- 3 definitions of the types and degrees of mental illness:
- MHA 2007 amendment
- Helps to ensure that those with serious mental disorders can be required when necessary to receive treatment that is needed to protect them and the public from harm
- Brings mental health legislation into line with modern service provision
- Strengthens patient safeguarding and tackles human rights incompatibilities
- Creates a new code of practice for those implementing the act
- Creates a single definition of 'mental disorder' rather than having 3 categories
- Includes learning disabilities if the individual is aggressive or irresponsible
- The new definition of 'mental disorder' is 'any disorder or disability of the mind'
- Includes depression, GAD, dementia, OCD, bipolar, autism, schizophrenia etc.
- Introduced supervised community treatment SCT
- New community treatment is introduced for patients following a period of detention in hospital.
- A small number of patients can live in the community while subject to conditions under the 1983 Act (e.g. continued treatment
- Provides additional safeguarding
- Patients can refuse some treatments e.g. electro convulsive therapy
- Adds civil partners to the 'nearest relative' list
- There is a statutory right for an advocate
- Patients under 18 years old must be placed in an environment suitable for the age/needs
- New community treatment is introduced for patients following a period of detention in hospital.
- MHA 1983
- Mental Capacity Act Features
- Mental capacity is the ability to make decisions
- Some individuals may struggle to make decisions, such as:
- People with learning disabilities
- People with dementia
- People with mental health problems
- People with brain injuries
- Stroke victims
- The Act has 5 key principles
- 1. Every adult has the right to make their own decisions and it must be assumed that they can (unless proven otherwise)
- 2.Adults should be given all reasonable help before being treated like they can't make decisions
- 3. If a seemingly poor decision is made, it should not be assumed that the individual is unable to make decisions
- 4. All decisions must be made considering the best interests of the individual
- 5. Any decisions made should not restrict one's basic rights and freedoms
- Strengths
- Protects people who lose the ability to make decisions for themselves
- Prevents individuals from harming themselves or others
- Very careful procedures are followed to ensure that rights are safeguarded
- Systems are in place to ensure accountability of those making decisions
- Treatment cannot be forced unless the individual's mental illness is so severe that the opinions of specialists support the decision
- Weaknesses
- Compulsory detention or section orders can cause people to feel that they have a stigma
- The law states that 'everyone should make their own decisions for as long as they are able, meaning on some occasions long periods of time elapse before action is taken
- Mental Health Act Features
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