Mental Health Act 2005 Essay

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Legislation Mental health (care and treatment) (Scotland) Act 2003 came into effect in October 2005 and the act has essential principles at its core; these include: • Non-discrimination • Equality • Informal care(caring for someone without use of compulsory powers) • Respect for carers This act promises to make a big difference for people with mental illness, mental disorders and learning disability’s so they can receive effective care and treatment. The mental health act covers issues like: • When a person can be taken to hospital against his/her will • When a person can be given treatment against his/her will • What rights a person has when they are receiving care and treatment • What safeguards are in place to protect the persons rights The act very clearly specifies the rights of the…show more content…
The act also set up a new, independent body called the mental health tribunal for Scotland which makes decisions about applications made under the act. The act also recognizes the Mental Welfare Commission, an independent organization which monitors the carrying out of the act. Part 2 Legislation Adults with incapacity act was introduced in 2000 to safeguard the welfare of adults (age 16 and over) who lack capacity for making some or all decisions for themselves, due to a mental disorder or an inability to communicate. This Act uses courts to appoint guardians to make decisions on behalf of those who are not able to so, about personal welfare and managing finances and property of individuals. Anyone authorised to make decisions on behalf of another must apply the following principles: • Benefit to the person • Least restrictive option • Taking into account the individuals wishes • Consulting with relevant others- is the whole family aware • Encouraging the individual to use existing skills and develop new
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