1.2. Summarise legislation and policy in relation to mental health and well-being

This guide will help you answer 1.2. Summarise legislation and policy in relation to mental health and well-being.

Mental health and well-being are protected by a range of laws and policies in the United Kingdom. These laws and policies aim to improve access to services, reduce inequalities, protect rights, and ensure that individuals experiencing mental health challenges receive proper care and support.

The Mental Health Act 1983 (Updated 2007)

The Mental Health Act is the primary legislation in England and Wales for people who need treatment for a mental disorder but may require it without their consent. The Act sets out the rules for assessing and detaining individuals to receive treatment in hospital or a community setting.

Key features of the Act include:

• The definition of mental disorder: It covers conditions affecting the mind, such as schizophrenia, bipolar disorder, and severe depression.
• Roles of Approved Mental Health Practitioners (AMHPs): They are trained professionals responsible for assessing whether an individual should be detained under the Act.
• Sections for detention: For example, Section 2 allows short-term assessment, and Section 3 covers longer-term treatment.
• Safeguards for individuals: Detained individuals have rights, including access to independent advocacy services and the ability to appeal their detention at a tribunal.
• Community Treatment Orders (CTOs): These enable patients discharged from hospital to continue treatment in the community under certain conditions.

Workers must ensure they operate within the framework of the Mental Health Act when working with service users detained under its provisions. This includes treating individuals with dignity and respecting their rights.

The Mental Capacity Act 2005

The Mental Capacity Act applies to England and Wales. It protects individuals who are unable to make specific decisions because of a lack of mental capacity. Mental capacity is the ability to understand, retain, and weigh up information to make a decision.

Key principles of the Act include:

• Assume capacity unless proven otherwise: Service users should be encouraged to make their own decisions wherever possible.
• Provide support: Individuals should be given the tools and information needed to make informed choices.
• Make decisions in the person’s best interests: If an individual cannot decide, decisions made on their behalf must prioritise their well-being and past preferences.
• Use the least restrictive option: Actions should restrict the person’s freedom as little as possible.

The Act also introduced Lasting Powers of Attorney (LPAs), enabling individuals to appoint someone to make decisions on their behalf if they lose capacity. Workers should be familiar with LPA arrangements when supporting service users.

The Equality Act 2010

Mental health conditions that have a substantial and long-term impact on an individual’s ability to perform everyday activities are classified as disabilities under the Equality Act. This law protects people from discrimination and promotes equal treatment in areas such as employment, education, and access to services.

Key provisions of the Equality Act include:

• Protection against discrimination: Individuals cannot be treated unfairly for having a mental health disability.
• Duty on organisations to make reasonable adjustments: Employers, schools, and service providers must accommodate the needs of individuals with mental health challenges. Examples include flexible working arrangements or providing information in accessible formats.
• Harassment and victimisation protections: Workers with mental health disclosures cannot be bullied or penalised for their condition.

As part of their role, health and social care workers must advocate for equality, ensuring that service users with mental health needs are treated fairly.

The Care Act 2014

The Care Act applies to England and focuses on care and support for adults. It places responsibilities on local authorities to assess and meet the needs of service users, including those with mental health challenges.

Key aspects of the Care Act include:

• Promoting well-being: Assessments consider the person’s mental, emotional, and physical health.
• Safeguarding adults: The Act includes obligations to prevent harm or abuse of vulnerable individuals.
• Comprehensive assessments: Local authorities must assess the needs of people who may require care or support and how their mental health affects their everyday life.
• Supporting carers: Carers who provide mental health support to individuals are also entitled to assessments and services.

Workers should work collaboratively with local authorities and other organisations to ensure service users receive the support they need.

Children and Families Act 2014

The Children and Families Act includes provisions for children and young people experiencing mental health difficulties. It aims to improve access to education and care and ensure that young people’s voices are heard in decisions affecting their lives.

Key elements relating to mental health and well-being include:

• Educational Health Care Plans (ECHPs): These plans support children with mental health-related conditions that impact their education.
• Providing advocacy services: Children must have access to appropriate representation in care planning.
• Support for families: The Act prioritises providing help to families of children with mental health difficulties, offering accessible resources and practical guidance.

Workers should help ensure young individuals and their families understand the legal protections available to them.

Data Protection Act 2018 and GDPR

Handling personal information responsibly is vital in mental health care. The Data Protection Act and General Data Protection Regulation (GDPR) ensure confidentiality and correct usage of sensitive mental health data.

Key requirements for workers include:

• Consent: Information about someone’s mental health cannot be shared without their consent unless legally required (such as a safeguarding concern).
• Transparency: Explain why data is collected and how it will be used.
• Security: Protect data from breaches or unauthorised access.

Failure to meet legal standards can harm service users and lead to legal penalties.

Government Policies Relating to Mental Health

In addition to legislation, policies help shape how mental health care is delivered across the UK. These include guidelines and frameworks for improving services, reducing stigma, and increasing accessibility.

Mental Health Act Reform

The government has proposed changes to modernise the Mental Health Act. Some aims of reform are:

• Reduce the number of people detained unnecessarily.
• Improve cultural sensitivity in assessments.
• Increase the involvement of service users in decision-making.

Workers may need to update their practices in line with future reforms.

The NHS Long Term Plan

This policy prioritises mental health services, aiming to:

• Increase funding for mental health care.
• Make access to services quicker.
• Deliver integrated care: Joining mental health care with physical health services.

Workers should use the Long Term Plan to guide their approach to delivering mental health services.

Transforming Children and Young People’s Mental Health Provision

This government policy focuses on early support for young people with mental health challenges. It includes:

• Educating school staff about mental health.
• Creating dedicated mental health teams in schools.
• Offering quicker access to counselling and therapeutic services.

Workers in child-focused roles should align their practices with this policy.

Final Thoughts

Workers need to:

• Understand and apply relevant legislation and policies.
• Treat service users with respect and provide personalised care.
• Advocate for individuals’ rights and equality.
• Maintain confidentiality and secure sensitive data.
• Stay updated on reforms and new guidelines.
• Collaborate with local services for holistic care.

By following these laws and policies, you can make a positive difference in supporting mental health and well-being.