C1- OUTLINE ONE (1) PIECE OF LEGISLATION OR POLICY IN RELATION TO MENTAL HEALTH AND WELL-BEING.
LO2: Understand legislation and policies in relation to mental health and well-being.
The UK government is responsible for the National Health Service (NHS).
This means that the government is responsible for the health of the nation and therefore tries to prevent people from becoming ill. They provide services that support people when they unwell and whilst they recover from illness. The government does this with the use of laws (legislation) and plans (policies).
These policies and legislations can, and do, change when research provides updated information on the best way to treat people. Using the most up to date versions of policies and legislations is critical.
LEGISLATIONS
- Mental Health Act 2007
- Human Rights Act 1998
- Health & Social Care Act 2012
- Mental Capacity Act 2005
- Equality Act 2010
A law or set of laws passed by parliament.
Mental Health Act 2007 - easy read version found below.
briefing-mental-health-act-2007-simon-lawton-smith-kings-fund-december-2008.pdfMental Health Act 2007 updates the the MHA 1983.
Some of the 2007 amendments include:
Replaces the role of 'approved social worker' with 'approved mental health professional' - No longer a requirement to have a social work qualification. Specific training is required, but can be a psychologist, occupational therapist or psychiatric nurse.
Introduction of Community Treatment Orders to allow some patients with mental health disorders to be discharged into the community. They need to be under supervision of community psychiatric nurse and continue with therapy and/or medication.
Electroconvulsive therapy (ECT) must not be given without consent unless thought to save an individuals life or prevent their condition from getting worse. It must not be used if an individual has given an advanced decision or if a person holding Lasting Power of Attorney (LPA) refuses treatment for the patient.
Ensure that hospital accommodation for under 18s is suitable for their age. Previously under 18s would be placed on an adult ward.
Health and Social Care Act 2012 - Found below.
A1.-Factsheet-Overview-240412.pdfHealth and Social Care Act 2012 created:
Clinical Commissioning Groups (CCGs) - public bodies made up of doctors, specialists, nurses, lay people (not trained). and others.
Health and Wellbeing Boards (HWBs) -comprised of CCGs and local authorities. HWBs produce a Joint Strategic Needs Assessment (JSNA) and a Joint Health and Well-being Strategy (JHWS). They offer services and commission services from private providers. CCGs and local authorities share their budgets as part of the Better Care Fund -link here for more information https://www.england.nhs.uk/ourwork/part-rel/transformation-fund/better-care-fund/
NHS England (used to be called NHS Commissioning Board) - national body holding CCGs to account and commissioning specialist services.
NHS Improvement - oversees trusts and monitors spending in the NHS
Healthwatch England (HWE) - part of the Care Quality Commission (CQC), represents views of service users, patients and the public.
NHS Digital - provides date for monitoring how services are doing.
Human Rights Act 1998 - Easy read link found below.
Human Rights Act 1998 - came into force in the UK in October 2000.
If your human rights are breached, you can go to court in the UK and have your rights respected.
Mental Capacity Act 2005 (MCA)
Guidelines provided to help determine if an individual has the the ability or CAPACITY to make decisions for themselves.
Two-part assessment to decide if an individual can make their own decision.
Equality Act 2010
Nine protected characteristics
The Equality Act 2010
It is illegal to treat people unfairly due to one of the protected characteristics.
Individuals are protected against discrimination
Mental health
In terms of mental health, the protected characteristic relating to disability is most relevant where a person with physical or mental impairment, which has a ‘substantial and long-term adverse effect’ on that person’s ability to carry out normal day-to-day activities, is protected under this Act.