NSW Mental Health Act Case Study

The Mental Capacity Act 2005 (MCA 2005) introduced a statutory framework for advance decision making in England and Wales building upon the common law recognition of advance decisions. Academics considered that a bias may operate against upholding advance decisions refusing life-sustaining treatment 1. It’s commonly felt that judges usually give decisions favouring preservation of life and making advance decisions invalid on various grounds. Recent case-law indicates that a high level of specificity is required for advance refusals of life-sustaining treatment and, in some capacity must be demonstrated at the time of making the decision. This essay will argue the legal back ground of the advance decisions and relevant case law. There are suggestions that advance care planning (ACP) instead of advance decisions (ADRT) may be more helpful when it comes to the practice of law on ground 2.

Individual’s rights also need to be promoted in order for holistic support to be provided by professionals. All adults in a health and social care environment such as a care home have rights to their confidentiality, respect, choice and to have their individuality taken into consideration. They also have the right not to be discriminated against, to receive equal and fair treatment and also to have access to the policies and procedures of the health and social care organisation. They should know when and how to make a complaint should they feel there care need are not being met. Children in care settings also have promotion of rights. These individuals should always have the right to be heard and it remain confidential, to have their wishes considered, be provided with stimulating activities and the right to be safe and secure from harm.

Under the Mental Health Act 2014, mental illness is defined as a medical condition whereby thought, perception, mood or memories are considered to be disturbed (Vic, p. 15). But at what point does this Act deem it acceptable to override a person who is experiencing mental illness right to choice around their treatment or freedom? Likewise is the process of a compulsory treatment order or admission as an involuntary patient conducive towards an individual’s wellbeing and recovery from mental illness? This short essay aims to explore these questions through analysing the discourses of care, control and protection. The interventions imposed on the individual of forced medication, restraint and seclusion will be considered within a non-indigenous family context in contemporary Australian mores and norms surrounding cultural perceptions of mental illness and mental health displayed in policy and legislation.

* Section 1 of the mental health act 1983 was amended in 2007. This section of the act defines a mental disorder as   'any disorder or disability of mind ' it goes on to state that a “learning disability” is define as a state of arrested or incomplete development of the mind which also includes impairment of intelligence and social functioning (MHOL, 2010).

The Mental Health Services Act is a monumental proposition that has helped many people for more than a decade. In California alone, close to 1.2 million adults and around 422,000 children live with a serious mental illness (State 2010). Without the proper treatment, suicide is the leading cause of death for a person battling an untreated mental illness (State 2010). With over thirteen billion dollars raised so far, MHSA has been the root of funding for mental health in California (Williams 2015). MHSA is still a work in progress. The act is nowhere near perfect, as a recent audit has shown, but it is certainly a step in the right direction.

Decision making and best interests of the patient in the care for people with mental health problems are one of the main concerns in nursing practice. Healthcare professionals should be knowledgeable enough to practice the legal code regarding decision making and protection of the patient with mental health problems (NMC, 2008).

It is important to review care and support plans as people’s needs change. By including the person, their family then everyone knows what is happening and the family can help to monitor mood swings and behaviour. The individual and the family can express their views and preferences and any relevant risk assessments may be done with everyone involved. By monitoring the individual, a decision can be made as to whether the changes are effective and if the best care is being given to encourage independence and promote dignity.

“The Australian health care system is a highly functioning and accessible system based on universal principles of access and equity”.

The majority of carers are women (finch and groves 1983) and significant proportions are under the age of 18. This is known as a young carer, which is defined as ‘someone, under the age of 18, who looks after, or helps to care for, a family member who has a disability, mental ill health, a blood borne virus or a problematic use of drugs or alcohol. They may provide hands-on caring, and/or may be affected themselves by someone in their family who needs care’ (Dundee Carers Centre, 2009). There are difficulties identifying young carers because many do not disclose their caring role for fear of being separated from their parents and family members, bullying and social exclusion. Also there is a large amount of emotional strain for younger carers who do not access the services they are entitled to.

The author will also discuss the principles of the Mental Capacity Act (2005) and the Mental Health Act (1983) and how it protect an adult who is vulnerable and lacks capacity. Likewise, the author will discuss ranges of nursing interventions, person-centred care, and ethical dilemmas.

In the course of proper identification, evaluation, and treatment, children and adolescents suffering with mental illness can conduct positive, normal lives. Nevertheless, the devastating majority of children with mental illnesses are unsuccessfully identified and the lack of treatment or support services have led to a subordinate worth of life and violence. The Mental Health Awareness and Improvement Act of 2013 (S. 689) is an inclusive bill proposed to address the extensive issue of mental health. By strongly considering the United States’ struggle against mental illness and school violence, as well as utilizing theoretical constructs to examine the Senate’s bill, a social worker can develop a more holistic perspective that can productively integrate practical insights reached from a variety of different points of view.

Policy analysis of mental health care under the ACA as well as description of how mental health care/service are organized under the ACA from federal to local levels.

suffers from a mental illness. The families of these people have the duty of making sure that the

Policies have an important role in regulating and shaping the values in a society. The issues related to mental health are not only considered as personal but also affecting the relationships with significant others. The stigma and discrimination faced by people with mental health can be traced to the lack of legislation and protection of rights (Rodriguez del Barrio et al., 2014). The policy makers in mental health have a challenging task to protect the rights of individuals as well as the public (Swigger & Heinmiller, 2014). Therefore, it is essential to analyse the current mental health policies. In Canada, provinces adopt their own Mental Health Acts (MHA) to implement mental health services. As of January 15, 2016, there are 13 mental health acts in Canada (Gray, Hastings, Love, & O’Reilly, 2016). The key elements, despite the differences in laws, are “(1) involuntary admission criteria, (2) the right to refuse treatment, and (3) who has the authority to authorize treatment” (Browne, 2010). The current act in Ontario is Mental Health Act, 1990.

The Australian Government created an innovating National Youth Mental Health Foundation is known as, Headspace. Headspace provides early support, care and services for a range of mental health challenges young people commonly face. Headspace aim to target any problems young people may face in order to adverse effects. They provide services that span over physical health, drug and alcohol support and vocational counsel. They aim to empower young people to seek assistance, support, advice or simply someone to talk about mental health issues. Anyone who walks into a headspace centre should feel treated with respect and compassion, within a confidential and safe environment.