When necessary, care homes or hospitals are required to ask a local authority if they can deprive a person of their liberty. This is known as Standard Authorization. There are six assessments which have to take place before the Standard Authorization can be given. These assessments are set to determine a number of relevant factors. The assessments include an age assessment to confirm if the individual is 16 or over. A No refusals assessment which is to establish whether an authorisation would conflict with a pre-existing authority for decision-making for the individual, such as an advance decision to refuse treatment under the legislation 2005. A mental capacity assessment, this assessment establishes whether the individual lacks the capacity to decide whether or not they should be admitted to a hospital or care home to receive care. The mental health assessment which determines if the individual in question has a mental disorder within the list of the Mental Health Act 1983. The purpose of this assessment is to ensure that the individual is medically diagnosed as being of “unsound mind”. The eligibility assessment that relates specifically to the relevant individual’s status, or potential status, under the Mental Health Act. An individual is considered to be eligible unless they …show more content…
This is called the relevant person's representative and is often a trusted family member or friend. Other safeguards include rights to challenge the authorizations in the Court of Protection, and access to the Independent Mental Health Advocacy.
When it comes to providing authorization and determining whether it is really required, each case must be individually assessed and an informed decision made must be made. This further proves the importance of the safeguards and their protection of individuals considered to be
The information given suggests assessments have been made in the past. Normally a supervisory body can review a standard authorisation at any time if the managing authority or the Relevant Person’s Representative (RPR) requests one. In this case a full assessment has been requested due to disagreements about the deprivation of liberty between the managing authority and the supervisory body.
The Mental Capacity Act is legislation which increases the legal rights of the person with dementia to be involved in decisions about their own health and care. The Act also means that when somebody no longer has the mental capacity to be involved in decision making themselves, their carer will have the right to be consulted about decisions being made on behalf of the person with
The assessment process is the back bone to any package of care and it is vital that it is personal and appropriate to the individual concerned. Although studies have found that there is no singular theory or understanding as to what the purpose of assessment is, there are different approaches and forms of assessment carried out in health and social care. These different approaches can sometimes result in different outcomes.
Article 4 of the act intrigues to me because of the language used to change the fact that it could come across as discrimination. Impairment in other words means ‘abnormality’ which could come across as belligerent to those who suffer with psychological disorders, this then would present them as ‘lesser’ and therefore more likely to prejudice comments. However the word ‘impairment’ implies that someone isn’t able to lead a normal life and in some cases that is untrue. Recently the government has canvassed through radio and posters to convince the public that there is nothing wrong with having any psychological disorders, and these people shouldn’t be marginalised. Some people use the word ‘mental disorder’ when describing someone with a mental health problem because it again leads these people to be marginalised and have prejudice thoughts about them all the time. Additionally, these certain people do have amazing talents, have successful lives and have a normal life because their society has been taught different.
Mental Capacity Act 2005 – The MCA applies to England and Wales. The primary purpose of the MCA is to promote and safeguard decision-making within a legal framework. It does this in two ways: * By empowering people to make decisions for themselves wherever possible and by protecting people who lack capacity by providing a flexible framework that places individuals at the heart of the decision making process * By allowing people to plan ahead for a time in the future when they might lack the capacity for any number of reasons
Explain legal issues, policies and procedures relevant to assessment, including those for confidentiality, health, safety and welfare
| The Mental Capacity Act 2005 prevents people who lack mental capacity from being mistreated or wilfully neglected.
I have a good level of education that is evident through completing a BSc Social Work Degree. Through completing the degree, I have developed experience working with older adults and adults with mental health problems. Also, my knowledge of services, legislation and mental health needs has developed through my continuous professional development. I have a good knowledge of mental health legislations including the Mental Health Act 1983 and its amendments (2007), Mental Capacity Act 2005 and Care programme approach. Throughout my experiences, I developed a sound understand of sections under the Mental Health Act 1983 including service user discharge and aftercare arrangements (Section 117 aftercare) and various sections that service users can become detained under.
The most effective way of managing challenging behaviour is to ensure that everyone receiving care has an individualised assessment which outlines their needs and aspirations and an individualised care plan that details how they wish their services to be delivered and takes account of the competency of the care providers to do this. The assessment should take account of any potential challenging behaviour, should include a risk assessment, and should give clear guidance to staff about how to prevent and manage this. The service user should be involved in the whole process of assessment and care planning preferable via a self assessment process.
Factors that are the best sources for security determinations are considered by the offender’s gender, sex, age at their first conviction, disabilities and/or mental deficiencies are not caused by the offender and these factors are not likely to change. These permanent factors are natural to the offender and are stated as static risk factors. Static risk factors are the best basis for security determinations. Dynamic risk factors are an individual’s characteristics that can change and that are controlled or influenced by the criminal, for example, their work, drug addictions, motivation, and their family relationships. These features are very useful for treatment providers, but these features are not sound fundamentals for security determinations
Health and social care practitioners assess the wellbeing of individuals in a professional way in various ways. One of these ways would be assessing their mental capacity. Mental Health Act 2007: The mental Health Act 2007 is in place to safe guard vulnerable people with mental health conditions. When induvial with mental health conditions receive treatment in a hospital or other mental health facility they usually agree voluntary.
If any of these measurements cannot be achieved, they are deemed to lack capacity. An individual may lack capacity due to mental illness, such as dementia and schizophrenia. If an individual lacks capacity, this does not mean they will always lack capacity, it is reassessed over time. (Mind, 2009) The current government policy on mental health enshrines the concept of dignity with a strategy based on outcomes. (DOH, 2011)
Division of the National Standard Framework consent that older people with a mental health condition can assess a quick integrated mental health services provided by the NHS and local authorities; this is to assure that effective diagnosis and treatments are available at all time (Department of Health, 2001, Policy document).
Surveillance activities often involve workers handling communities, people and institutions, investigating, collecting technical as well as private information, and publishing collected information. This entails among other things, understanding the importance of protecting the privacy of the individual balanced with the responsibility to protect the public and inform it of the health threats within the community. It is important that the purpose of the surveillance is properly made known or fully explained as needed to the community or individuals affected by the surveillance and consent secured. However, given the impossibility of obtaining informed consent, public health surveillance frequently necessitates infringement of the principle of autonomy. This entails among other things, understanding the importance of protecting the privacy of the individual balanced with the responsibility to protect the public and inform it of the health threats within the
The final stage for fitness to stand in trial is the judge must order a fitness assessment which normally comes after the first hearing. This is when the accused is assessed for up to 60 days by a specialist to check the mental wellbeing of the individual, while this is taking place the defence and crown counsels can enter their evidence. After the accused accepts the fitness assessment order, the judge will send the individual with the mental disorder to see a psychiatrist who will evaluate the person’s mental state. The next stage of the fitness assessment is to evaluate the individual through an interview, which then the psychiatrist will make a report of the person’s mental health. The final stage of the fitness assessment is a hearing