4.1 Identify relevant legislation in relation to mental illness

This guide will help you answer 4.1 Identify relevant legislation in relation to mental illness.

Mental illness affects millions of people across the UK, and legislation exists to protect their rights, promote equality, and ensure access to appropriate care and support. This guide will look at the relevant legislation related to supporting individuals with mental health conditions.

The Mental Health Act 1983 (amended 2007)

The Mental Health Act 1983 is one of the most significant pieces of legislation concerning mental health in England and Wales. It governs how individuals with mental illness can be assessed, treated, and, if necessary, detained in hospital or mental health settings, even without their consent. The Act outlines the rights of patients and establishes the criteria under which they can be assessed and treated, ensuring that their welfare is prioritized while balancing public safety. Mental health problem examples include conditions such as severe depression, schizophrenia, and bipolar disorder, which may necessitate compulsory treatment if the individual poses a risk to themselves or others. Furthermore, the Act emphasizes the importance of proper safeguards and reviews to protect the rights and dignity of those affected by mental health issues.

Key points of the Mental Health Act include:

• Sectioning: A person can be legally detained under certain sections of this Act if their mental health condition puts them or others at risk. For example, this could be under Section 2 (for assessment) or Section 3 (for treatment).
• Nearest relative: This person has specific legal powers, including the right to request or object to a person being sectioned.
• Treatment without consent: In certain circumstances, treatment can be provided without a patient’s consent if it is deemed necessary under the Act.

The 2007 amendment introduced significant changes, including:

• A new role known as the Approved Mental Health Professional (AMHP), replacing the role of approved social workers.
• Community Treatment Orders (CTOs), allowing individuals to receive treatment in the community under specific conditions.

Understanding the Mental Health Act helps care workers support individuals’ rights while also providing appropriate care where needed.

The Care Act 2014

The Care Act 2014 applies to adults in England and is key legislation for supporting individuals with mental health problems. It sets out local authorities’ duties and responsibilities for assessing people’s care needs and providing social care.

Key elements include:

• Wellbeing principle: Local authorities must focus on promoting individuals’ wellbeing, including their mental health and emotional wellbeing.
• Carers’ rights: Carers have the right to an assessment for support, as caring for someone with mental illness can also affect their mental health.
• Safeguarding duties: This includes protecting adults at risk of abuse and neglect, which can directly impact individuals with mental illnesses.
• Assessments and eligibility: Local authorities must assess individuals and provide care if they meet eligibility criteria.

This legislation is central for support workers involved in assessing and delivering care plans.

The Equality Act 2010

The Equality Act 2010 is a critical law that protects individuals with mental health problems from discrimination in many aspects of life, including work, education, and accessing services.

Key aspects for support workers to know include:

• Protected characteristic: Mental health conditions are recognised as a disability under this Act if they have a substantial, long-term effect on a person’s ability to carry out normal day-to-day activities.
• Reasonable adjustments: Employers and service providers must make reasonable adjustments to help someone with a mental health condition. For example, flexible working hours or a quiet space at work may be provided.
• Types of discrimination: This includes direct discrimination (treating someone unfairly because of their mental health condition) and indirect discrimination (policies that unintentionally disadvantage people with mental illnesses).
• Harassment and victimisation: Protects individuals from being harassed or victimised due to their mental health condition.

Support workers must ensure their practices support equality and do not unintentionally discriminate against those with mental health challenges.

The Human Rights Act 1998

The Human Rights Act 1998 applies to everyone in the UK and ensures that individuals with mental illnesses have the same rights as everyone else.

Relevant human rights include:

• Article 2 – Right to life: Public authorities must take steps to protect the life of individuals, which can relate to safeguarding vulnerable individuals with mental illness.
• Article 3 – Freedom from inhuman or degrading treatment: People cannot be subjected to inhumane treatment such as neglect or abuse, which has implications for mental health care services.
• Article 5 – Right to liberty and security: This ensures that individuals are not unlawfully detained unless it’s under the specific provisions of the Mental Health Act.
• Article 8 – Right to private and family life: This protects individuals’ privacy, including the confidentiality of their mental health records.

Support workers play an important role in upholding these rights while caring for individuals with mental health conditions.

The Children Act 1989 and 2004

The Children Act focuses on promoting the welfare of children, including those with mental health conditions. It lays out duties for local authorities, schools, and care providers in supporting children’s mental and emotional wellbeing.

Key elements include:

• Duty to safeguard and promote welfare: Authorities must protect children from harm and promote their wellbeing, which includes addressing their mental health needs.
• Early intervention: Services should aim to work together to identify and address issues affecting a child’s emotional and mental health early on.
• Every Child Matters outcomes (2004): This focus includes ensuring children are healthy, stay safe, and achieve their potential emotionally and mentally.

Workers supporting children with mental health difficulties must be aware of these duties and work with other professionals to promote their welfare.

The Mental Capacity Act 2005

The Mental Capacity Act 2005 applies to individuals over 16 who may lack the capacity to make decisions due to mental illness or other conditions.

Key points include:

• Definition of capacity: Capacity refers to an individual’s ability to make specific decisions at a given time. A mental health condition may temporarily or permanently affect this.
• The five principles:

1. Assume capacity unless proven otherwise.
2. Support individuals to make decisions before concluding they lack capacity.
3. Respect decisions made by individuals with capacity, even if the decision seems unwise.
4. Act in the individual’s best interests if they lack capacity.
5. Choose the least restrictive option when making a decision on someone’s behalf.

• Lasting Powers of Attorney (LPA): This allows someone (e.g., a family member) to make decisions about health, welfare, or finances for a person who lacks capacity.

Support workers must understand the Act to provide the right level of care while respecting the individual’s autonomy where possible.

The Health and Social Care Act 2012

The Health and Social Care Act 2012 reformed how health and social care services are delivered in England, with a focus on accessibility, integration, and patient-centred care. Mental health is a key area addressed under this Act.

Key points include:

• Government policies must consider mental health as important as physical health (parity of esteem).
• Local commissioning groups are tasked with ensuring the provision of adequate mental health services suitable for their populations.
• Promotes integrated care between health and social care sectors to better support individuals with complex mental health needs.

This Act reinforces the need for support workers to ensure individuals receive the right care from appropriate services.

The Data Protection Act 2018 and GDPR (General Data Protection Regulation)

The Data Protection Act ensures that personal data gathered about individuals, including mental health records, is processed fairly and with respect to their privacy.

Key points about mental health data:

• Confidentiality: Mental health-related data is classified as sensitive information and must be handled with additional care.
• Permission and consent: Generally, consent must be obtained before sharing someone’s mental health data unless there are safeguarding concerns.
• Rights to access: An individual has the right to request access to their mental health records (subject to certain exceptions).

Support workers should always follow their organisation’s policies for handling data and respect individuals’ rights to confidentiality and privacy.

The Employment Rights Act 1996

The Employment Rights Act gives additional protections to workers, including those with mental illnesses. For example:

• Employees have the right to take time off work for family emergencies, which can include taking care of someone experiencing a mental health crisis.
• Protection against unfair dismissal, particularly if related to long-term mental health conditions that qualify as disabilities.

This legislation ensures those employed with mental health conditions are treated fairly and supported.

Conclusion

Understanding these laws helps support workers provide better care, protect individuals’ rights, and promote equality. Remember, several of these laws work together, so having a good knowledge of them is essential when working in mental health services. Always follow organisational policies and seek advice if unsure how to apply these laws in practice.