1.3 Outline the key requirements of the following in relation to working in mental health: • legislation • codes of practice • good practice guidance

This guide will help you answer 1.3 Outline the key requirements of the following in relation to working in mental health: • legislation • codes of practice • good practice guidance.

Legislation in Mental Health

Laws set the framework for mental health work. They protect the rights of people using services and staff. They guide how decisions are made about care and treatment.

The Mental Health Act 1983 (Amended 2007)

This is the main law covering mental health care in England and Wales. It allows people with a mental disorder to be detained and treated in hospital, sometimes without their agreement, if they are at risk of harm.

Key points:

• Assessment, treatment, and detention are covered by clear rules.
• Hospital admission under the Act is called being ‘sectioned’.
• Workers must explain rights to people detained under the Act.
• People detained have the right to appeal and to advocacy.
• The Act requires independent reviews of detention.
• Restrictions must be the least restrictive possible.
• Treatment without agreement is only allowed under certain, defined situations.
• Care after discharge is covered by ‘Section 117’ aftercare duty—a legal responsibility for local authorities and NHS bodies.

The Mental Capacity Act 2005

This Act covers people aged 16 or over who may lack the mental capacity to make their own decisions. It applies in mental health, social care, and health settings.

Key points:

• Always assume capacity unless proven otherwise.
• Support must be given to help them make decisions.
• Unwise decisions do not mean lack of capacity.
• Any act or decision made for someone lacking capacity must be in their best interests.
• Only use the least restrictive option in actions and decisions.

The Act gives power to set up* Lasting Powers of Attorney* and allows the use of Advance Decisions to refuse treatment.

The Equality Act 2010

This Act bans unfair treatment based on protected characteristics. These include ‘disability’—which covers many mental health conditions.

Main requirements:

• Treat people with mental health conditions fairly.
• Make ‘reasonable adjustments’ to remove or reduce disadvantages for staff or people using services.
• Prevent stigma and discrimination within work settings.

The Human Rights Act 1998

This Act covers the right to life, prohibition of torture, right to liberty, right to respect for private and family life, and more.

For mental health:

• Restriction of liberty (such as through detention) must be lawful, necessary, and proportionate.
• Respect for confidentiality and privacy must be maintained.
• Access to safe care and protection from abuse is part of the right to life and dignity.

Data Protection Act 2018 / UK GDPR

This covers all personal and sensitive information. In mental health, handling records with care is key.

Requirements include:

• Only collect and use information lawfully, fairly, and transparently.
• Keep it accurate and up to date.
• Only share on a need-to-know basis, keeping data safe and secure.
• Allow people to access their own information, unless there are legal restrictions.

Care Act 2014

This Act sets out duties for local authorities in providing care and support, including mental health support for adults.

Key points:

• People should have control over their care and support.
• Safeguarding of adults at risk is mandatory.
• Information and advice services must be available.

Health and Social Care Act 2012

The Act changes the structure of care services and promotes integration of health and social care for people, including those with mental health needs.

There is a duty for service providers to involve people in decisions, offer choices, and focus on outcomes that matter to them.

Key Requirements of Codes of Practice

Codes of practice are formal guidelines developed by professional organisations or regulators. They show how to put the law into practice in a way that protects people and maintains professional standards.

Mental Health Act Code of Practice

This document provides guidance about how to apply the Act fairly and ethically.

Key points:

• People should receive the least restrictive form of care.
• Clear explanations must be given to service users about their rights.
• Care plans should consider a person’s wishes, history, and needs.
• Advocates must be made available to people detained under the Act.
• Staff must document decisions, especially where liberty is restricted.
• Safeguarding and dignity should run through all interventions.
• Protect the person’s legal rights at every stage.

Ignoring the Code can breach legal duties, even though parts are not themselves law.

Nursing and Midwifery Council (NMC) Code

For nurses and mental health professionals, this code stresses professional behaviour:

• Treat people as individuals, respecting dignity.
• Maintain confidentiality at all times, except when someone is at serious risk.
• Gain informed consent before care, except where the law says otherwise.
• Communicate clearly and accurately.
• Keep skills and knowledge up to date.
• Raise concerns if someone is at risk of harm.

Social Work England Professional Standards

These apply to social workers in mental health settings.

• Act in the best interests of people and protect their rights.
• Promote independence and wellbeing.
• Use evidence and reflection to inform professional decisions.
• Maintain professional boundaries.
• Respond to discrimination and safeguard vulnerable groups.

General Medical Council (GMC) Good Medical Practice

For doctors:

• Prioritise patient safety, dignity, and needs.
• Keep records confidential, accurate, and up to date.
• Work in partnership with all involved.
• Respect the wishes and feelings of people with mental health conditions.
• Challenge discrimination and unfair treatment.

Key Requirements of Good Practice Guidance

Good practice guidance helps you work well in complex or challenging mental health situations. It brings together the best available evidence and expert advice.

Person-Centred Care

This puts people at the centre of their care decisions.

Key points:

• Listen to what matters to them.
• Support choice wherever possible.
• See the person, not just the diagnosis.
• Use recovery-focused methods—believing in a person’s ability to improve, grow, or manage their mental health.

Safeguarding

All staff must protect people from harm and abuse. People with mental health challenges are sometimes at greater risk.

Key actions:

• Notice signs of abuse (physical, emotional, neglect, financial).
• Report concerns following organisational procedures.
• Record facts and observations, not opinions.

Communication

Good communication is even more important in mental health care.

Tips:

• Use simple, clear language.
• Avoid jargon.
• Recognise that some people may struggle to share their thoughts—look for non-verbal clues.
• Give enough time for responses.
• Make use of advocacy or interpreters if needed.

Confidentiality

Trust is key in mental health. Most information is private. Only share on a need-to-know basis, unless there is risk of harm.

Ways to handle confidentiality well:

• Hold discussions in private.
• Store records securely.
• Only discuss with those directly involved in care.
• Tell the person when you need to share information for safety or legal reasons.

Equality, Diversity and Inclusion

Mental health services should be fair and accessible to all.

• Respect different backgrounds and cultures.
• Challenge discrimination and stigma.
• Recognise that people’s experiences may be shaped by factors such as disability, ethnicity, sexuality, age, and gender.

Consent and Capacity

Before care or treatment, check if the person can decide for themselves. If not, follow the legal process (such as a capacity assessment under the Mental Capacity Act).

Ask these questions:

• Can they understand information about the decision?
• Can they remember it long enough to make the decision?
• Can they weigh up the pros and cons?
• Can they communicate their wishes?

If not, professionals make the decision in the person’s best interests.

Professional Development

Working with mental health involves ongoing learning.

• Attend training on new approaches, such as trauma-informed care or suicide prevention.
• Share knowledge within teams—reflect on what works well and what needs to change.
• Read up-to-date good practice guidance, using accredited sources like NICE or Social Care Institute for Excellence (SCIE).

Records and Documentation

Good records are a legal and professional requirement. They support continuity of care and protect both worker and person receiving support.

Good record keeping involves:

• Writing clear, factual, and timely notes.
• Including all relevant details (decisions, discussions, actions).
• Recording consent discussions.
• Keeping confidentiality in mind.

Teamwork and Multi-Agency Working

Mental health care often involves many professionals.

• Work in partnership with doctors, nurses, occupational therapists, social workers, and others involved.
• Share important information safely.
• Attend multi-disciplinary team meetings and contribute your perspective.
• Value each role and skill in the team.

Responding to Risk

Mental health workers often face risks like self-harm, suicide, aggression, or neglect.

• Follow risk assessment protocols.
• Use care plans to detail how to reduce risk.
• Involve the person in risk management planning where you can.
• Act without delay if risk increases—this may mean contacting emergency services or using crisis procedures.

Working with Families and Carers

Families can be a major support for people with mental health conditions.

• Ask for their views, within confidentiality limits.
• Recognise their own needs and rights as carers.
• Involve them in crisis or discharge plans when appropriate.

Advocacy

People may need support to express their views or understand their rights.

• Tell people about advocacy services—such as Independent Mental Health Advocates (IMHAs).
• Support their right to challenge decisions or appeal detention.
• Respect the advocate’s role as a representative of the person’s wishes.

Final Thoughts

Mental health practice sits on a strong legal and ethical foundation. Legislation sets out rules and protections. Codes of practice explain professional standards. Good practice guidance supports high-quality, person-centred care.

As a worker, follow these requirements every day. Keep learning and reflecting. This approach helps protect people, fosters dignity and respect, and supports confident, safe care.