Learning Outcome 3 - Legislation Flashcards
What is legislation?
A set of laws which are introduced and passed by parliament to make sure certain rules are followed. They are often called acts.
Rights of service users are upheld and protected by care values. These are enforced by ?
Legislation
Legislation ? all groups in society, it provides individuals with rights to which they are ? to through laws passed by ?.
Law is upheld through the ?. Legislation imposes responsibilities on ? ? and must be adhered to at all times to protect against discrimination and poor and unfair ?.
Protects
Entitled
Parliament
Courts
Service providers
Treatment
What are examples of legislation acts?
The children’s act Mental health act Equality act Health and safety at work act The data protection act
Who does legislation protect?
Children and young people Older adults Vulnerable adults Ethnic minority groups People with disabilities Men and women
Why would an adult be vulnerable?
(18 and over)
Unable to care for themselves
Unable to protect themselves against significant harm or exploitation
In need of community care services because of mental or other disability or illness
In need of extra support
Prone to discrimination
What is an ethnic minority group?
People living in a country where another cultural or ethnic group is the majority.
Mental health act
?/4 people affected by mental health problems in any year.
Mental health is about how people ?, feel and behave, we ? have mental health.
?/4 people in UK has a mental health problem at some point, which can affect their ? life, relationships or physical health.
1-2/100 have ? mental health, I.e EDs.
1
Think
All
1
Daily
Severe
Why is legal framework needed?
Often disputes between care providers and those identified as having a mental disorder, as well as their families, about their need for care and treatment.
Individual is vulnerable - they may not be able to make decisions that are in their best interests or be able to assert their rights.
What are some services for people with mental health?
GP services Psychiatrist Counselling Advice and helplines Support groups Carer services Advocates Nursing and residential care Community support
Mental health act 1983 - overview
The mental health act provides a legal ? for the care and treatment of people experiencing a mental disorder.
By the act allowing individuals experiencing a mental disorder to be ? against their will, it ensures the individuals suffering the mental disorder is ?. And ? is protected from individuals behaving dangerously as a result of their mental disorder.
Framework
Sectioned
Protected
Society
Mental health act 1983 - overview
The act contains ? which are designed to protect and ? the rights of people during and following the sectioning process.
Provisions
Safeguard
Metal health act 1983
Sectioning process - how it’s designed to safeguard people:
Sectioning can only be carried out by ? ?. Requests to detain a patient must be supported by an approved ? worker.
Qualified psychiatrist
Social
Metal health act 1983
Sectioning process - how it’s designed to safeguard people:
The act ? the length of time a person can be detained and provides individuals who are detained with the rights to ? against their detention.
Limits
Appeal
Metal health act 1983
Sectioning process - how it’s designed to safeguard people:
People who want to appeal against their sectioning can apply for a ? of their case to the mental health review ?.
Hearing
Tribunal
Metal health act 1983
Sectioning process - formally detained patients (15% of service users)
Sectioned
- will result in temporary ? of a persons legal rights
- detained against their ?, not allowed to ? without permission and may have to accept ?.
Loss
Will
Leave
Treatment
The mental health act 1983 is designed to ? and ? the rights of people during and following the ? process.
Protect
Safeguard
Sectioning
Mental health act - informal (voluntary) patients
The ? of mental health service users are informal patients.
They’re receiving treatment on an informal basis and have ? on it.
Informal patients have the ? legal rights as anyone been treated for a ? illness.
Majority
Agreed
Same
Physical
Why is legal framework needed?
Often disputes between care providers and those identified as having a mental disorder, as well as their families, about their need for care and treatment.
Individual is vulnerable - they may not be able to make decisions that are in their best interests or be able to assert their rights.
Identify three key aspects of the mental health act 2007
3 marks
- if a user is formally sectioned, then they temporarily lose their rights, this is to keep them protected - to not harm themselves or others
- sectioned for 28 days then assessed to see if they need to stay longer
- it protects their rights even though they are taken away
How does the mental health have an impact on service users?
- aims to protect those at risk to themselves or others - prevents them from harming themselves or others.
- gives rights to those with a mental disorder and protects their rights - their needs are being cared for and respected.
How does the mental health act impact care practitioners?
- gives a definition of different types of mental health disorders, meaning they can diagnose and then give the correct treatment/medication to the service user.
- aims to protect those at risk to themselves or others - it protects them from being harmed by their service users.
How does the mental health act have an impact on service providers (organisation)?
- sets out the safeguards the person is entitled to - it means that all organisations have to have a set safeguarding policy.
- it clearly states how a person with a mental health disorder condition should be treated without their consent, including admitting them to a psychiatric hospital (sectioning) - they can work up to the standards of taking care of everyone in the environment and keeping them safe.
