The health and social care act 2001 says that there is an importance to involve and to consult service users/ patients which can help shape and create their own care plans. Which can result in more and more individuals who are suffering from a mental health issue/ problem can access the services as they won’t feel like they are being discriminated against. The mental capacity act 2005 and the mental health act 2007 says that the reason behind involving service users is to overcome some initial barriers of the more traditional services and this was outlined in some of the current developments that are happening within these laws. The mental capacity and mental health act shows that there will be the removal of the standard traditional service so they can move forward and introduce a more approachable service which enabled service users and communities to become more
Extended Case Note Bulsey & Anor v State of Queensland  QCA 187 (6 October 2015) Facts Police officers including approximately six armed members of the “Special Emergency Response Team” forcibly entered the appellants’ (Bulsey & Anor) house. Bulsey was taken from his bed, placed on the floor, handcuffed and dragged out to
The limitations of DPOs Although a wealth of international assistance towards DPOs in low-income country, there are some challenges should be overcome. First of all, persons with disabilities are still not in the head line of the government’s agenda. In the current society, the value of a person is mainly measured by their contributions to society both financially and politically. The government funding is driven by this ethos (Hurst, 1999). So DPOs still have a long way to go in terms of changing the discrimination and exclusive attitudes.
Individuals with a mental illness enter a mental health court as it reduces the number of clients with mental illnesses in the criminal justice system, reduces stigma and stereotypical judgement in court, and reduces the number of clients with mental illnesses in prisons and jails. Although the judge does sentence the client, the client does still retain rights: The right to refuse treatments, the right to proper care and documentation, the right to be informed of all available medical treatments, and most importantly, the right to be treated with dignity as a human being. The court demonstrated that the client’s rights were addressed by offering the client the opportunity to voice his concerns, and by acknowledging his views on his condition. Even though the client did not think he needed help, the nurse and case manager were concerned about his hallucination, eating patterns, and lack of stability. They did not believe that an outpatient setting would work for this client as he was not stable, did not have clear insight, and retained a lack of resources. Barrier to care, for the mental health in general, include: lack of resource, knowledge deficits, stigma, financial barriers, and lack of mental health care professionals. Overall, this experience offered me to opportunity to perceive how a Mental Health Court functions and differs from the traditional court room, in relation to client goals,
The Mental Capacity Act 2005 (Legislation.gov.uk, 2016(B)) introduced Independent Mental Capacity Advocates (IMCAs). An independent mental capacity advocate supports individuals who are unable to settle on or comprehend choices by expressing their perspectives and wishes or securing their rights. This is a statutory advocate service, which implies in specific circumstances
For a carer or professional to decide whether or not someone who lacks capacity should go into a residential home, the Deprivation of Liberty Safeguards (DoLS), is used to ensure that this decision is lawful. This is introduced in the MCA 2005 and in this case Mary is unable to make reasonable decisions regarding her welfare due to her lack of capacity (Johns, 2009, 35-36). However, the decision to place Mary in a residential home is depriving her of her liberty which is a basic human right, as stated in the Human Rights Act 1989. The DoLS legislation allows carers and/or professionals to be able to act to ensure that “a care home or hospital only restricts someone's liberty safely and correctly, and that this is done when there is no other way to take care of that
The Care Act 2014 (CA) provided provision to reform the law relating to support and care for adults alongside support for carers, placing a duty on local authorities (LA) to promote an individual’s well-being. In order to provide the clients in the case study the best outcome too the difficulties
Part One: Personal philosophy about Special Education The amount of people who live with disabilities is a controversial number. Depending on what law and diagnostic tools used, a person may have a visible disability, or one that may lie beneath the surface of his or her appearance. Some people believe that the term “disability” is merely a label use to hold back, or prescribe helplessness. Meanwhile, individuals who have been properly diagnosed with disabilities struggle to maintain respect and acceptance every day. In plain language, there is a lot of misunderstanding between people with disabilities and those without. It is firstly important to get everyone on the same page regarding the definition of disability.
1. What socio-historical factors play into the social construction of disabilities? Please be specific and provide examples to support your answers. Disability in a socio-cultural context can be defined as "a barrier to participation of people with impairments or chronic illnesses arising from an interaction of the impairment or illness with discriminatory
Tory views in the 70s and 80s pushed the ideas the community’s The Griffiths report 1988 as cited by (Miller, Community Care, 1996) outlined the Smale 93 (O'Byrne, 2009) identified 3 models of assessment, questioning, procedural and exchange. Whilst the exchange is the ideal model by which to fulfil the aims of the NHSCCA 1990 documents don’t always allow for that and focus tends to be on weaknesses of individuals or medial needs as opposed to strengths. Mental illness is such a complex issue and something that can fluctuate quickly depending on circumstances. This reason alone makes determining mental capacity and assessment process very difficult.
Many people with disability shortage consciousness and understanding of the rights they have or where they would go to if they did recognise that their rights have been rejected. For people with awareness damage like developmental disability, granted and essential brain damage, psychosocial disability, dementia, neurological damage such as ‘Autism Spectrum Disorder’, this is an appropriate problem.
The Universal Declaration of Human Rights was proclaimed on 10 December 1948, but it still did not include the rights of persons with disabilities. In other words, in many countries, people with disability did not have their rights guaranteed by law. So, soon organizations began to emerge to fight, represent and guarantee the rights of all people with disabilities. Today there are hundreds of them representing all types of disabilities, for example Autistic Minority International and The Center for the Human Rights of Users and Survivors of Psychiatry (CHRUSP).
In its resolution 2856 (XXVI), the General Assembly of the United Nations adopted the Declaration on the Rights of Mentally Retarded Persons in 1971. This was a consequential step toward the acknowledgement of basic human and constitutional rights for those that are mentally disabled. The Declaration states that mentally retarded persons have equal rights as other human beings. They are granted the right to receive medical care, physical therapy, and rehabilitation. They also have the right to equal educational opportunities. In addition, they are entitled to economic security and reasonable standards of living. They also have sexual and marital rights and are permitted to vote and drive. People that are mentally disabled additionally obtain
I began my role as a Social Worker at the Royal Bethlem Hospital in November 2008; this was a hospital based placement. I worked with service users with severe and enduring Mental Health issues as well as people with Mild Learning Disabilities, Autistic Spectrum and challenging behavior. I worked directly
* Federal Disability Services Act (1986) explains the right of the people with disabilities to be treated as equal, respect for their human worth no matter what culture, race, sex, whatever the origin, type and degree of disability have the same fundamental rights as other members of Australian society. People with disabilities have the same right as other members of Australian society to services which will support their attaining an acceptable quality of life.