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Your guide to the Mental Capacity Bill
- Author:
- GEORGE Mike
- Journal article citation:
- Care and Health Magazine, 27.7.04, 2004, pp.30-31.
- Publisher:
- Care and Health
Looks at the main areas of the Mental Capacity Bill, which covers England and Wales.
A guide to the Mental Incapacity/Capacity Bill 2003
- Authors:
- CURRAN Christopher, GRIMSHAW Catherine
- Journal article citation:
- Openmind, 128, July 2004, pp.24-25.
- Publisher:
- MIND
Provides an overview of the Mental Incapacity/Capacity Bill 2003.
Medication masks the problems
- Author:
- WALSH Paul
- Journal article citation:
- Care Plan, 3(3), March 1997, pp.19-23.
- Publisher:
- Positive Publications/ Anglia Polytechnic University, Faculty of Health and Social Work
Argues that people with learning disabilities who also have mental health problems are ill-served by the general mental health services. One of the major problems is that medication is prescribed to control the individuals' behaviour without their consent. Urges the use of the least intrusive treatment as a less medicalised approach.
Government proposals to close the Bournewood gap
- Authors:
- CURRAN Christopher, GRIMSHAW Catherine, DEERY Anthony
- Journal article citation:
- Openmind, 142, November/December 2006, pp.24-25.
- Publisher:
- MIND
The authors explain the government's proposals to address some of the issues required to close the 'Bournewood Gap'. The safeguards are for people who lack capacity and are deprived of their liberty but do not receive mental health legislation safeguards. The principles of the Mental Capacity Act will apply, including the requirement to act in the best interests of the incapacitated person and in the least restrictive manner.
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.
Research into CPS decision-making in cases involving victims and key witnesses with mental health problems and/or learning disabilities
- Authors:
- LEE Vanessa, CHARLES Corrine
- Publisher:
- Great Britain. Crown Prosecution Service
- Publication year:
- 2008
- Pagination:
- 43p., bibliog.
- Place of publication:
- London
The aim of this paper is to seek a wide range of views to inform the policy and practice of the Crown Prosecution Service (CPS) in dealing with cases involving victims and witnesses with mental health problems and/or learning disabilities. The CPS has responsibility for reviewing cases involving victims and witnesses with mental health problems and/or learning disabilities and applying the Code for Crown Prosecutors to decide whether or not there should be a prosecution.
Housing with capacity: the Mental Capacity Act explained
- Author:
- WILLIAMSON Toby
- Journal article citation:
- Housing Care and Support, 9(4), December 2006, pp.13-19.
- Publisher:
- Emerald
The Mental Capacity Act 2005 comes into effect in England and Wales 2007. The Act contains principles, procedures and safeguard to empower people to make decision for themselves wherever possible, but also to ensure that decision made on their behalf if they lack the mental capacity to make decision themselves are done in their best interests. The Act will apply to anyone working in the supported housing field or residential care where residents may lack the capacity to make decisions as a result of illness, injury or disability. This article gives an overview of the Mental Capacity Act and its relevance to the field of supported housing.
A very capable act
- Author:
- RICHARDS Steven
- Journal article citation:
- Community Care, 22.03.07, 2007, pp.30-31.
- Publisher:
- Reed Business Information
This article summaries the Mental Capacity Act 2005 and its effects upon the social care sector. The article looks at the Act in terms of the three main areas of: protection of service users, protection for staff, and power.
Decision time
- Author:
- LEASON Katie
- Journal article citation:
- Community Care, 5.05.05, 2005, pp.28-29.
- Publisher:
- Reed Business Information
The Mental Capacity Act 2005 should ensure that all people are able to make their own choices unless proven otherwise. Looks at the need for professionals to adjust quickly to the new provisions. Also looks at the role of the new independent mental capacity advocates.
Finding a voice
- Author:
- COCKBURN Barbara
- Journal article citation:
- Care and Health Magazine, 5.10.04, 2004, pp.18-20.
- Publisher:
- Care and Health
A draft code of practice, published to accompany the Mental Capacity Bill through parliament, clarifies the law on decision making for people who lack mental capacity. Discusses the opinions of practitioners who say the legislation will have no power unless it provides for independent advocates.