Mental Health Advocacy

3892 Words16 Pages
ASSIGNMENT – INDEPENDENT MENTAL HEALTH ADVOCACY UNIT – 564 When is it permissible and appropriate to deprive someone of their liberty and treat them against their will because of mental illness? A society must provide a practical response to this type of question. In England and Wales the relevant act of parliament concerned with this is the Mental Health Act 1983 (Amended 2007). The Act has to conform to the requirements of the European Human Rights Act 1998. The Guiding principles These are a set of guidelines that should be considered when making decisions under the Act. Below are the principles that guide the Mental Health Act 1983 (Amended 2007). Purpose principle- the Act must be used to minimize the undesirable effects of mental disorder by maximizing their safety and wellbeing (mental and physical) of patients, promoting recovery and protecting others from harm. Least restrictive principle- people taking action without a patient’s consent must attempt to keep to a minimum the restrictions they impose on the patient’s liberty. Respect principle- people taking decisions under the Act must recognize and respect each patient including their race, religion, culture, gender, age, sexual orientation and any disability. Participation principle- patients must be involved in their care as much as is practicable. The involvement of carers, family and friends is encouraged. Effectiveness, efficiency and equity principle- this refers to the most appropriate use of resources to meet the needs of patients. Principles similar to this guide most mental health law across different jurisdictions. Statuary Criteria for detention The statuary criteria are the legal standards that mental health professionals have to consider when assessing someone for detention under the Act. Below is an example of the criteria for detention under Section 3 of the
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