Mental Health Legislation

?
View mindmap
  • 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
      • 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
    • 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

Comments

No comments have yet been made

Similar Health & Social Care resources:

See all Health & Social Care resources »See all Legislation resources »