Mental Capacity Act 1998
This order is made at sentencing and follows risk assessment by an accredited body. It always includes a community-based portion and mechanisms for evaluating the patient according to set standards (Fyfe, 2011, p. 202). The Scottish government hopes that this order will not be used in more than fifteen cases per year, and thus far has been successful in this goal (Fyfe, 2011, p. 205). The Care Programme Approach can also be used with people who are part of the mental health system but were not introduced through court
A piece of legislation was created in 2005, with the purpose to allow clinicians to make decisions for the patient, when it is deemed that they haven’t got the ability to think clearly or understand information that is being presented to them, whether that is permanently or temporarily. Whilst this is the case, different levels of capacity are required for different decisions, so a patient cannot be “deprived of their liberty” (SCAS, 2010, 5) and all decision made in the best interest of the patient must be the “least restrictive alternative” (SCAS, 2010, 7.1). This means that these decisions cannot cause the patient to feel uncomfortable, embarrassed, or be detrimental to their health. Until proven otherwise, everyone is assumed to have capacity to make a decision. There are a variety of reasons that affect a patient’s capacity; neurological conditions (eg. dementia etc), head/brain trauma (eg. concussion etc) learning disabilities, effects of hypoxia, the effects of alcohol or substance use, amongst others (SCAS, 2010, 7.1).
The duty of care is a key issue within safeguarding as it sets a legal duty on all healthcare practitioners to provide care that is not only in the safest most effective way possible but that it is always person-centred and is in the best interest of that specific individual accessing the service. Within safeguarding, there are eight different key issues provided by legislation that apply, there are six for safeguarding adults and two for safeguarding children. It is extremely important to maintain these key issues: humans have the right to be protected from maltreatment. To support this, it is said that “living a life that is free from harm and abuse is a fundamental human right and an essential requirement for health and well-being” (NHS, 2023). This means that all health and social care professionals are legally obliged to follow all principles in order to provide the highest quality of care and support.
NHS and community care act 1990: sets out the duties of local authorities to assess an individual’s needs and ensure that each individual receives the required services to which they are entitled. Human rights act 1998: sets out an individual’s rights and freedoms under the law. Carers act 2004: ensures carers are identified and informed of their rights and that their needs for education, training, employment and leisure are taken into consideration. Mental capacity act 2005: provides the legal framework for acting and making decisions on behalf of those who lack the mental understanding to do so themselves. Safeguarding vulnerable groups act 2006: ensures unsuitable persons are barred from working with vulnerable adults and that employers
The Mental Capacity Act 2005 is designed to protect individuals that lack capacity over the age of 16. The Mental Capacity Act 2005 has a framework of 5 key principles, below I have expanded on what these are and how we apply this to individuals to safeguard vulnerable people we support. It is paramount that these steps are followed and we empower the people we support to make decisions and make choices. Working within the 5 key principles below, we ensure that we take every measure to promote an individuals choices, decisions and life in a way that is safe and works within the framework of safeguarding. 1 – A presumption of capacity.
Although there were numerous beneficial experiences for the Consumer through the supported decision-making process, the deterioration in mental state and the concern relating to exposure of vulnerability and openness to manipulation by others could not be overlooked (Office of the Public Advocate Systems Advocacy, 2014). Dignity of risk relates to the Consumers right be able to make decisions that can involve a level of risk, however the duty of care of the primary nurse and treating team was to ensure that safeguards are in place to minimise risk of harm to the Consumer and/or others that may be effected by the decision made (Victoria Government Department of Human Services,
I furthermore explained to him that his community mental nurse confirmed during a best interest meeting that excessive alcohol intake was likely to lead to the deteriorating of his dementia and reduced his life expectancy. The residential home manager considered a new care plan that would prevent Mr Thomas from leaving the home without an escort with the belief that this would be in his best interest. A best interest meeting was requested by the client’s daughter who was concerned that restrictions to his father’s alcohol intake would be tantamount to his deprivation of liberty. However, the Mental Capacity Act (2007) states that one could be deprived of his liberty if it is necessary to prevent the patient’s condition from degenerating. However, due to the demand of his daughter, it was finally agreed that the client would still be able to visit the pub with an escort and drink in
This follows the Care Act (2014) as Patrick has been given control of his own care, by having a say in the decision. The next step is deciding a course of action, in this step Jeff has to identify his responsibility and assess how he could reduce any risks. He thinks the best course of action to do this would be to arrange a consultation for Patrick with the sexual health advisor. Step four is testing the decision, and consulting the Equality Act (2010) shows that this would be the right decision if Patrick’s health status is kept confidential, because it may prevent possible discrimination. Simon (the sexual health advisor) assured Patrick that any information about him will be
When individuals become unwell some know they need help or assistance, but in some cases people refuse help or agree to treatment. This act sets out how and when someone gets treated, when someone can be admitted hospital against their will, or treated in hospital. Also lets individuals know their rights and that there is safeguards in place to protect their rights, this act has a set of principles which are taking into account when making decisions. These principles ensures that the person is not discriminated against, equality is promoted and respect and diversity. Within this act there is a compulsory treatment order which allows a person to be treated for their mental illness, however there is a set number of conditions to comply with and these can depend if the individual is in the hospital or out in the community.
There are so many mentally ill people in correctional facilities because most families do not know how to help their loves ones who suffer from a mental illness, so the call the police for help. Majority of the police officers do not know what to do or how to handle people with a mental illness disease. Police officers who are not trained to deal with the mentally ill often do not recognize that person is ill. Some police officers do not recognize if the individual should or not go to jail or a treatment center or medical facility. The impact of law enforcement and the judicial system dealing with people with a mental illness is to assist the inmates with the help they need.
Healthcare professionals must work on the assumption that every patient has the capacity to make decisions about their care, and to decide whether to agree to, or refuse, an examination or treatment. However, in the case that patients are deemed to be lacking capacity the Mental Capacity Act (2005), The Adults with Incapacity (Scotland) Act (2000) legislations must be followed (General Medical Council, 2008). Gaining consent before providing care or treatment to any patient is very important because patient requires
This essay discusses how to apply the knowledge of mental health legislation to patient care professionally, through the case study of a patient John. The discussion revolves around the rights and liberties of mental health patient, who has been detained without their permission on the basis of mental illness. The essay also elaborates on the ethical implications of detaining someone under the mental health Act 1983 and the impact of further detention on the individual. The Mental Health Act Section 136 specifies the role of the police with regarding to people suffering from extreme disorders of the mind. Under certain circumstances, specified under the law, police have the powers to take such a person into custody and transfer them from
The Mental Capacity Act applies in England and Wales to everyone who works in health and social care and is involved in the care of a person who is over 16 years of age who may lack capacity to make a specific decision at a specific time. Core principles Core principles: • A person is assumed to have capacity. A lack of capacity has to be clearly demonstrated. • No one should be treated as unable to make a decision unless all practicable and reasonable steps to help him or her have been exhausted and shown not to work.
The Crime Control Act of 1990 came about when population growth expanded in larger cities. With the population growing, it only made sense that more crime could and would follow with the surrounding changes. Drug abuse, violent gun acts, and fraud were a few key worries that growing cities became faced with. The Crime Control Act targeted the problems mentioned earlier, as well as several more, and because of this particular policy many more acts stemmed off of it to later be passed and followed. Policy Formulation (What is the Policy)
Mental Capacity Act 2005 – protects individuals that do not have mental capacity. 2.1 - describe the impact that personalisation has on the commissioning, funding and delivery of services Personalisation has an impact on the commissioning, funding and delivery of services as instead of funding being allocated by the local authority it can be transferred directly to the service user for them to choose their own care provider and pay them directly themselves, empowering them, this is person centred and a good outcome for the individual who chooses to do it this
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