This Code of Practice is a reference tool for those dealing with, and caring for people admitted to hospital and care homes with mental health problems. Authored by the Department of Health and produced following wide consultation with those who provide and receive services under the Mental Health Act, this publication will come into force on 3 November 2008. Through the Mental Health Act 2007, the Government has updated the 1983 Act to ensure it keeps pace with the changes in the way that mental health services are - and need to be - delivered. This publication provides guidance and advice to registered medical practitioners, approved clinicians, managers and staff of hospitals, and approved mental health professionals on how they should proceed when undertaking duties under the Act. It also gives guidance to doctors and other professionals about certain aspects of medical treatment for mental disorder more generally. The Mental Health Act Code of Practice is also aimed at all of those working in primary care, Mental Health Trusts, NHS Foundation Trusts as well as solicitors and attorneys who advise on mental health law. The Code should also be beneficial to the police and ambulance services and others in health and social services (including the independent and voluntary sectors) involved in providing services to people who are, or may become, subject to compulsory measures under the Act. It will also be a guide for those working with people with specific mental health needs such as those in nursing and care homes, and those in prison.
The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
Dated October 2013. Response to the Committee's first report of session 2013-14 (HC 584, ISBN 9780215061485) which was a report on Cm. 8408 (2012, ISBN 9780101840828)
According to the Health Committee, more needs to be done to protect the interests of patients who rely on mental health services. The Committee has undertaken a review of the 2007 Mental Health Act (ISBN 9780105412076). Many psychiatric wards are over capacity and there is huge pressure on beds, nevertheless, the Committee was shocked to learn that there is evidence that patients who need hospital treatment are being sectioned unnecessarily in order to access a bed. This represents a serious violation of patient's basic rights and it is never acceptable for patients to be subjected to compulsory detention unless it is clinically necessary. The 2007 Act contained important provisions which introduced Community Treatment Orders (CTOs). These orders allow for patients to be treated in the community whilst still being subject to recall to hospital if their condition deteriorates. The Committee is also concerned that pressure on hospital beds may be driving increased use of CTOs. MPs also examined the function of Independent Mental Health Advocates who help patients take advantage of their rights whilst in hospital. The Committee is in no doubt that a patient's primary advocate should be their clinician and independent advocates, ultimately, provide an important, but supplementary, service
This book presents the basic theoretical and historical concepts and it describes current perspectives and data, focusing on good practices in community psychiatry in Greece and in other parts of Europe. Concepts such as the biopsychosocial model, psychiatric reform, psychosocial rehabilitation and the recovery model, as well as new case management models are approached from a critical, anthropocentric perspective. The current socioeconomic crisis in Europe brings with it new realities in mental health systems. New forms of social suffering are forcing the psychiatric community to re-examine what is considered normal. In order to respond to the complexity of the newly emerging needs, social and community psychiatry has been compelled to broaden the objectives of intervention and research alike, developing new and dynamic relations with complementary scientific fields such as social anthropology, psychoanalysis and microeconomics. The present work is the result of collaboration between professionals from across these different fields.
Ten years have passed since the Mental Health Act (MHA) 2007 came into force in England. An amending statute, the Act reformed the MHA 1983 and reshaped the law governing the compulsory care and treatment of people suffering from mental disorders. Primarily driven by concerns about risk, it sought to remove legalistic obstacles to civil commitment and extend the law's coercive reach into the community. At the time of its introduction, the 2007 Act was written off as a retrograde step and a missed opportunity for radical, rights-focused reform. Despite this, little attention has been paid to its impact in the years since. Published to coincide with the tenth anniversary of the 2007 Act, this book offers a timely evaluation of mental health law and policy in England. It argues that the current MHA defies easy categorisation within any of the descriptive models which have customarily narrated the mechanics of civil commitment, namely 'legalism', 'new legalism', and 'medicalism'. It therefore makes the case for a new model – new medicalism – to account for the 2007 Act's enhancement of the discretion of mental health professionals for the express purposes of facilitating the management of situations of risk. In doing so, the book: critically examines the problems inherent in civil commitment frameworks organised around the concept of risk; explores the theoretical foundations of new medicalism; considers the challenges facing proponents of future reform in the era of the UN Convention on the Rights of Persons with Disabilities; and, reflects on the 2007 Act's practical impact.
Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.
Taking a critical and radical approach, this book calls for a return to mental health social work that has personal relationships and an emotional connection between workers and those experiencing distress at its core. The optimism that underpinned the development of community care policies has dissipated to be replaced by a form of bleak managerialism. Neoliberalism has added stress to services already under great pressure and created a danger that we could revert to institutional forms of care. This much-needed book argues that the original progressive values of community care policies need to be rediscovered, updated and reinvigorated to provide a basis for a mental health social work that returns to fundamental notions of dignity and citizenship.
The 2008 Act falls into five main parts, whose main objectives were: to establish the Care Quality Commission; to change arrangements for regulation of health professionals and of the health and social care workforce; to update the Public Health (Control of Disease) Act 1984; to create the Health in Pregnancy Grant; and to make miscellaneous other changes in relation to health and social care. Most of the provisions of the Act are now in force (in some cases with amendments made by later legislation). The main exceptions include part 2 sections 124-126, which dealt with various matters in the remit of the General Social Care Council, and were not commenced. Instead, the Council was abolished, and its functions were transferred to the Health and Care Professions Council, in 2012. Part 3 provisions relating to port health have not yet been commenced, but the intention is that they will come into force at the same time as new port health regulations. The Act achieved its objectives (or in the case of port health, is in the process of doing so), with the exception of the creation of the Office of the Health Professions Adjudicator. The rest of the memorandum considers each Part of the Act in more detail, with information about: secondary legislation made under the powers created by the Act, and key guidance issued in relation to it; any legal issues that have arisen in relation to the Act, and other reviews of the Act, that the Department of Health is aware of