The Mental Health Act The mental health act is an act design to protect people with mental illness. It was originally written in 1983 and reformed in 2007. It sets out clear guidance for a health professional when a person may need to be taken into compulsorily detained in a hospital. This is known as sectioning. This helps carers who are unable to cope without help. People can be sectioned if the health care profession thinks they are a danger to themselves, they are a danger to another person or in danger of abuse from another person. The health professionals have a duty of care to the patient who is mentally ill. They must provide get the right treatment and to give them and their families the right information. The act gives rights to …show more content…
They have a joint duty to ensure that care services are ready for when a person comes out of compulsorily detainment. This helps to create a smooth transition between care services for the patient. The support is offered to all people are is not means tested. The care is free for all patients and includes care in the person 's own home and paying for care home fees. However the local authority may decide that a person is no longer eligible for after-care support under section 117 and will have to start paying for their own care. Challenging sections Sections can be challenged, there are four main ways to challenge a section. This first way is to ask a Responsible Clinician to discharge them. The responsible clinician must discharge the patient if the medical conditions not bad enough to justify the admission. The next step is to to request a meeting with hospital managers and ask them to discharge them. The third step is to ask your next of kin to discharged you by giving the hospital 72 hours notice in writing. After this, if the responsible clinician allows it the next of kin can discharged the person from the detainment. However the Responsible Clinician may if they think you would act in a manner dangerous to yourself or others. The finial option is to apply to the Mental Health Tribunal (MHT). The patient will be able to use a legal aid to get a solicitor free of charge to help you with your appeal to the tribunal and during the hearing.
Most people with mental illness can and do seek out treatment for their condition. The Mental Health Act is concerned with the small number of persons who cannot or who do not seek out treatment.
throughout Missouri, Strangler used his experience and power to persuade legislature to provide the funds.
When it comes to forensic mental health service provision, one of the most essential elements to understand from a legal perspective is what is actually allowable by law in terms of involuntary care provision (Guide, 2000; Mental Health Act, 2000). While social workers
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.
| The Mental Capacity Act 2005 prevents people who lack mental capacity from being mistreated or wilfully neglected.
The key legislations include , Human Rights Act 1998 , Mental Capacity Act 2005 , Adults and Incapacity Act 2000 , Mental Health Act 1995 , Safeguarding Vulnerable Groups Act 2006 and Carers Equal Opportunities Act 2004.Each and every
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.
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.
Tim has a long history of mental illness and was admitted to the ward following a deterioration in his mental illness after he lost contact with his son. His mood was elevated and he felt very restless and agitated. Prior to admission, he was found police in a very distressed state. Tim was placed on a section 2 of the mental health act (DH, 2007) and was originally observed generally where a member of staff would have to see him face to face on a hourly basis (NICE, 2005). Under section 2 of the mental health act Tim has lost the right to leave hospital at will and his responsible clinician has not granted him section 17 leave. A person can be detained for up to 28 days and treat against their will (DH, 2007). As Tim was detained it was important for staff to keep him on the ward.
The Community Mental Health Act of 1963, was the first federal law that inspired community-based mental health care, and it ignited the transformation of the public mental health system (Young Minds Advocacy, 2016). Other names of the Act are Mental Retardation and Community Mental Health Centers Construction Act of 1963. It was the beginning of the Deinstitutionalized movement in mental health treatment options for children, youth, and adults (National Council for Behavioral Health (NCBH), 2015). States received money from grants, from the Community Mental Health Act for the construction of these mental health centers. Initially, the intention of the grant program was to provide 1500 mental health centers nationally (Young Minds
This essay will discuss issues that nurses have to consider when caring for a person that either lacks or have compromised capacity. At the same time, the author will explain important terminology in the essay such as the meaning of consent, capacity, best interest, Deprivation of liberty, advanced decisions, risk assessment, including several examples from experience during placement
Treatments are provided for the inmate’s best interest and what may improve their mental and physical health, even though mentally ill inmates have their rights in denying treatment they
Mental health courts are a resource given to prisoners who would normally be put in prison if they had not decided to join this special program. Mental health court is a court run program by the district attorney’s office in some counties. This program is based off of traditional court room structure but is also paired with community services. Mental health courts solve a lot of different problems within our criminal justice system. The first problem it solves is the
My chosen reflection piece is on ageism, see appendix one. I will provide evidence reflecting the links between diabetes and depression, which will form my chosen seminar topic, see appendix two. I will then critically analyze the mental capacity Act (2005) and relate it to my specific scenario, see appendix three. I will explore how nurses the Act within nursing practice, decision- making, and how we access a person’s capacity to make specific decisions. I will explore any ethical issues that may arise following the principles of Mental Capacity Act (2005).
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.