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Zero tolerance; measured response: responding to violence in mental health or learning disability care settings
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2012
- Pagination:
- 16p.
- Place of publication:
- Edinburgh
Although workplace violence is unacceptable, when it relates to mental ill-health within a care setting the issues are complex. Staff may be caught between providing appropriate and sensitive care for people whose mental disorder results in violence, and reporting significant incidents to the police in order to protect the person, other service users and themselves. This guidance looks at best practice in responding to incidents of violence in learning disability and mental health settings. It reflects the findings of a national consultation with a wide range of stakeholders using a number of anonymised case examples. The guidance questions the traditional idea of ‘zero tolerance’ and aims towards developing a more measured response. The 2 essential outcomes from all incidents of violence in mental health and learning disability care settings are: ensuring the safety of all persons; and ensuring that the needs of the person for care and treatment (and the needs of any others affected by the incident, including staff) continue to be met in a safe and appropriate care setting. A number of recommendations are provided on the development of policies in response to violent incidents. [An updated version titled 'Responding to violence in a mental health or learning disability care setting' was published in 2017].
Autonomy, benefit and protection: how human rights can protect people with mental health conditions or learning disabilities from unlawful deprivation of liberty
- Author:
- PATRICK Hilary
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2008
- Pagination:
- 52p.
- Place of publication:
- Edinburgh
This paper considers how the law and practice in Scotland relating to the care and treatment of people with mental health issues or learning disabilities respects their right to liberty and security guaranteed by Article 5 of the European Convention of Human Rights (ECHR). In recent years the law has changed, with the Adult Support and Protection (Scotland) Act 2007 clarifying the rights of local authorities to make community care arrangements for adults who are incapable of making such arrangements themselves. Helpful guidance from the Scottish Government (the s13ZA guidance) highlights good practice issues. The s13ZA guidance is clear that it is not appropriate to use the new provisions of the Social Work (Scotland) Act where care arrangements may constitute a ‘deprivation of liberty’ within Article 5 ECHR. This paper aims to build on the guidance from the Scottish Government. It deals with areas that the Scottish Government does not cover, for example patients in hospital and people living in their own homes, and outlines areas where further good practice advice could be helpful. The paper is in 5 parts. Part 1 looks at what is meant by deprivation of liberty and the requirements of ECHR law. Parts 2 and 3 look at deprivation of liberty in context and discusses how the rules operate in specific situations. Part 4 considers how the principles of Adults with Incapacity Act law and ECHR law can help form a framework for decision making in these difficult situations and Part 5 draws some conclusions.
Meeting the challenge. Guide 2: your rights if you are in an Assessment and Treatment unit: supporter version
- Author:
- MENCAP
- Publisher:
- Mencap
- Publication year:
- 2015
- Pagination:
- 12
- Place of publication:
- London
Outlines the rights of people with a learning disability in inpatient settings, like Assessment and Treatment units. This guide aims to help supporters understand the rights of people with a learning disability, so that they can get the right services and support to meet their needs. This will help keep them safe, happy and healthy and make sure they know when things are not going the way that they should and are able to take action. The guide sets out the legal framework, outlining the Human Rights Act and the Mental Capacity Act, explains the role of Assessment and Treatment units, describes what good support should look like, and explains what a person should do if they experience abuse. The guide also provides information about leaving the Assessment and Treatment unit, including appealing against detention, and discharge planning. (Edited publisher abstract)
Mental health problems in people with learning disabilities: prevention, assessment and management: NG54
- Author:
- NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
- Publisher:
- National Institute for Health and Care Excellence
- Publication year:
- 2016
- Place of publication:
- London
Practice guideline which covers preventing, assessing and managing mental health problems in children, young people and adults with learning disabilities. The guideline aims to improve assessment and support for mental health conditions, and help people with learning disabilities and their families and carers to be involved in their care. The recommendations include that: the person's communication needs and level of understanding should be considered throughout their assessment, treatment and care; that professionals with expertise in mental health problems in people with learning disabilities should coordinate mental health assessments; the impact of the social and physical environment on the mental health of people with learning disabilities should be considered when developing care plans; adults with learning disabilities should be supported to participate in paid or voluntary work. The recommendations also provide guidance on delivering psychological and pharmacological interventions. The guideline covers all settings, including health, social care, education, and forensic and criminal justice. (Edited publisher abstract)