Legal frameworks, policy and guidelines
Legislation and a number of policies have been developed to promote the human rights, inclusion, equal life chances and citizenship of individuals with mental health needs, dementia or learning disabilities.
These include:
Select each tab for more information.
Human Rights Act 1998
This identifies the fundamental rights and freedoms that all individuals have access to in the UK.
It ensures that those with mental health needs, dementia or learning disabilities must be treated fairly and with respect.
Care Act 2014
This puts a general duty on local authorities to promote the wellbeing of individuals.
The Act makes sure that care and support provided to those with mental health needs, dementia and learning disabilities provides for their physical, mental and emotional wellbeing. It puts the focus on prevention and ensuring things don’t get worse for an individual, providing information to ensure people can make informed decisions and ensuring there are a range of services available to meet people’s needs.
General Data Protection Regulation 2016
This ensures that organisations maintain the protection of data.
The General Data Protection Regulation makes sure that personal data held by organisations is kept confidential, not kept longer than necessary and is accurate. This includes data about an individual’s health or condition. The regulation gives individuals the right to see the data and information held about them.
Safeguarding Adults National Framework
Safeguarding adults is about promoting people’s welfare and keeping them safe from harm and abuse.
Individuals living with a mental health need, dementia and learning disability are particularly vulnerable and therefore services need to ensure they are working to maintain their safety.
Fundamental Standards of Quality and Safety
A guide developed by the Care Quality Commission (CQC) that describes the fundamental standards of quality and safety that people using health and social care services can expect.
Mental Health Act 1983
In most cases, when people are treated in hospital or another mental health facility they have agreed or volunteered to be there. These may be referred to as “voluntary patients”. However, there are cases when a person can be detained (also known as sectioned) under the Mental Health Act (1983) and treated without their agreement.
The Mental Health Act (1983) is the main piece of legislation that covers the assessment, treatment and rights of people with a mental health disorder. Being admitted to hospital under this Act is sometimes described as being ‘sectioned’.
In 2007, the Act was amended to include community treatment orders as well as admission to hospital.
Mental Capacity Act 2005
This Act protects people who need care or treatment but may lack the mental capacity to make decisions for themselves.
Everyone has the right to make their own decisions, and the Act says we must assume a person can unless an assessment is done which proves otherwise, whether or not we agree with that decision.
When someone doesn’t have mental capacity, the person deciding for them must do so in the person’s best interests. Care and treatment of people who lack capacity must be the least restrictive of their rights and freedom possible (deprivation of liberty safeguards).
The act applies to people aged 16 and over in England and Wales. It also provides guidance to support people who need to make decisions on behalf of someone else.
Mental capacity
A person’s mental capacity is their ability to make their own decisions. Having mental capacity means that they are able to understand information and make an informed decision or choice.
Should it be assumed that, because an individual has a condition that can affect their cognitive abilities, they are no longer able to make their own decisions?
Select the image to reveal the answer.
All individuals have the right to make their own decisions.
The Mental Capacity Act 2005 says that care and health services must assume that people have mental capacity unless there is good evidence to show that they have not.
By assuming a person has capacity, opportunities can be provided that enable the person to make their own decisions which helps them to feel empowered, confident and in control.
What is the role of 'advance statements' in the care of individuals with conditions which may affect their capacity to make their own decisions in the future?
Think about what an advanced statement might allow or disallow, what might be in one. When you have given the question some thought click the pencil.
Advance statements ensure that an individual’s wishes are taken into account in the future. This is often referred to as ‘advance care planning’. The purpose is to enable an individual to make choices and decisions about their future care and support in case there is a time when they are unable to make these decisions for themselves, for example in the later stages of dementia. This can ensure that an individual is not given any care or treatment that they do not wish to receive but will receive the care they wish to have.
Many employers will provide further training, guidance and/or supervision to help health and social care workers understand mental capacity issues. Speak with your manager about opportunities to learn more about this important area.
