4.2 Outline the implications in legislation for the provision of care to an individual with mental health problems

This guide will help you answer 4.2 Outline the implications in legislation for the provision of care to an individual with mental health problems.

Understanding the legislation relevant to mental health care is important for ensuring safe, effective, and lawful support. UK legislation provides guidance for workers supporting individuals with mental health problems, promoting rights, safety, and wellbeing. In this guide, we will look at the laws and their implications for providing mental health care. Moreover, it’s essential to recognize how historical approaches to mental health care have shaped current practices and policies. By learning from past successes and failures, mental health professionals can better understand the importance of patient-centered care and the need for informed consent. Ultimately, this legislative framework aims to create an environment where individuals feel empowered and supported in their recovery journeys.

The Mental Health Act 1983 (Amended 2007)

The Mental Health Act 1983 is the main law governing mental health care in England and Wales. It allows for the assessment, treatment, and detention of individuals with severe mental health problems in certain circumstances.

Implications include:

• Detention for Treatment: An individual may be detained (sectioned) if they are at significant risk to themselves or others. Support workers must recognise that this decision will likely involve mental health professionals, and their role is to support the individual before, during, and after this process.
• Consent: Under the Act, individuals can be treated for their mental health condition without their consent if they are detained under certain sections. While this can feel challenging, it protects their health and safety. Workers must balance advocacy for the individual’s preferences with the legal framework.
• Protection from Risk: The Act prioritises protecting both the individual and society. Workers must be alert to risks and follow policies when concerns arise, such as raising safeguarding alerts or discussing issues with a supervisor.
• Aftercare (Section 117): When someone has been detained, they are entitled to free aftercare upon discharge. Support workers may help ensure individuals access the services they need, such as housing, therapy, or community groups.

Deprivation of Liberty Safeguards (DoLS) and Mental Capacity Act 2005

The Mental Capacity Act 2005 protects people who may not have the capacity to make certain decisions. The Deprivation of Liberty Safeguards (DoLS) addresses cases where a person may be deprived of their liberty to ensure their safety.

Implications include:

• Assessing Capacity: Workers should assume individuals have capacity unless proven otherwise. If someone struggles with a decision, seek professional input. For example, a psychiatrist or social worker might assess whether the individual can make decisions about treatment.
• Best Interests: If a person lacks capacity, decisions about their care must be made in their best interests. Workers may need to contribute to these decisions by providing input about the person’s needs, preferences, and behaviours.
• Deprivation of Liberty: If a person is restricted (e.g., kept in a care setting) for their safety, this must be authorised through DoLS. Workers must make sure restrictions are the least severe possible and report concerns if a person’s freedoms seem unfairly limited.

The Care Act 2014

The Care Act 2014 identifies the rights of adults needing care and support. It focuses on promoting independence, preventing harm, and respecting individual choice.

Implications include:

• Personalisation: Individuals should be involved in decisions about their care. Workers should engage people in conversations about their preferences, helping create plans that respect their wishes while managing mental health challenges.
• Safeguarding: The Act requires protecting individuals from harm, abuse, or neglect. Workers must know how to report safeguarding concerns and ensure individuals live in safe environments.
• Wellbeing: Workers have a duty to promote individuals’ overall wellbeing. This includes mental health but also physical health, social connections, and feeling safe. Workers may collaborate with families, medical professionals, and social services to meet these goals.

Equality Act 2010

The Equality Act 2010 protects people from discrimination based on characteristics such as disability, including mental health problems.

Implications include:

• Discrimination Protection: Workers must not treat individuals unfairly because of their mental health conditions. This includes giving equal access to support, resources, and opportunities, regardless of diagnosis.
• Reasonable Adjustments: Care settings must make changes to meet the needs of individuals with mental health issues. For instance, a calm environment may help someone experiencing anxiety. Workers may need to adapt how they communicate or deliver care to suit someone’s needs.
• Challenging Attitudes: Workers should address stigma or prejudice within their teams. They should demonstrate respect for everyone and challenge any comments or actions that reinforce stereotypes.

Data Protection Act 2018

This Act governs how organisations collect, store, and share personal data, ensuring it is used lawfully.

Implications include:

• Maintaining Confidentiality: Workers must handle mental health information with strict confidentiality. Do not share details unless authorised to do so by the individual or required by law (e.g., safeguarding concerns).
• Consent for Sharing: Individuals must know how their data will be used. Workers should discuss this clearly, particularly when involving other agencies in their care.
• Accuracy: Records must be up to date and accurate. Mismanaged files could lead to inappropriate decisions or treatment.

The Human Rights Act 1998

The Human Rights Act protects basic rights, including the right to life, freedom, and privacy. People with mental health problems are entitled to these rights like anyone else.

Implications include:

• Respecting Autonomy: Workers must respect individuals’ decisions, even if they disagree, unless this poses a genuine risk. For example, some people may refuse certain treatments.
• Balancing Rights and Safety: Care workers must balance respect for individual rights with their duty of care. Taking someone’s choices into account while ensuring safety can feel challenging but is necessary.
• Preventing Abuse: Upholding human rights means protecting individuals from degrading treatment or abuse. Workers should report concerns and follow safeguarding policies.

Health and Safety at Work Act 1974

This Act ensures workplaces are safe for both staff and the people they support.

Implications for Mental Health Care:

• Safe Environments: Workers must take steps to create safe spaces for individuals. For instance, remove hazards that might pose risks if someone is experiencing severe distress.
• Risk Assessments: Assess risks for individuals and staff when dealing with challenging behaviour. For example, understanding triggers for someone’s mental health condition can prevent incidents.
• Training: Workers need training about mental health, recognising distress, and responding without causing harm.

Children Act 1989 and 2004

The Children Act applies when individuals under 18 require mental health care or if they are affected by a parent or family member’s condition.

Implications include:

• Duty to Safeguard Children: Workers must consider risks to children, particularly where parental mental health problems might affect parenting abilities.
• Child-Centred Approach: Consider children’s wishes and feelings in decisions, even if they may not have full capacity for legal decisions.
• Reporting Concerns: Workers should flag any signs of neglect or harm caused by mental health issues in a family setting.

Employment Laws and Mental Health

Employment rights for individuals with mental health problems fall under workplace laws such as the Equality Act.

Implications include:

• Supporting Employment: Individuals with mental health conditions might need additional support at work (e.g., phased return after sick leave). Workers may encourage or signpost to employment services.
• Respecting Rights in the Workplace: Advocating for individuals in employer discussions can help ensure their legal rights are upheld.

The Controlled Substances Legislation

Some individuals with mental health conditions might use prescription or illicit substances.

Implications include:

• Safe Prescriptions: Support workers might liaise with healthcare teams to monitor controlled medications prescribed for mental health.
• Substance Misuse Services: For individuals struggling with addiction, workers should encourage access to appropriate support services.

Final Thoughts

UK laws provide clear frameworks for supporting individuals with mental health problems while respecting their rights and dignity. Support workers must be familiar with relevant legislation, working within its boundaries to deliver compassionate, lawful care. Recognising legal obligations builds trust and promotes better mental health outcomes for the individuals being supported.