The author offers an approach to addressing mental health issues that emphasises the relevance of mental health for all social workers, not just those in specialist mental health settings. The book covers the complexities of contemporary theory, policy and practice in this area, taking account of developments in user and carer involvement and interprofessional working. Key chapters focus on issues of inequality and diversity, drawing attention to the social determinants of health and the important contribution of social work in promoting social perspectives in mental health. Practice issues addressed include the mental health of children, young people and families, and older people, as well as a range of mental health conditions. Promoting rights, recovery and social justice and balancing these with an appreciation of risk is central to all the discussions. Practice examples and points for reflection are included to encourage critical thinking and further exploration of the issues raised. Suggestions for additional reading and resources are offered at the end of each chapter.
The author offers an approach to addressing mental health issues that emphasises the relevance of mental health for all social workers, not just those in specialist mental health settings. The book covers the complexities of contemporary theory, policy and practice in this area, taking account of developments in user and carer involvement and interprofessional working. Key chapters focus on issues of inequality and diversity, drawing attention to the social determinants of health and the important contribution of social work in promoting social perspectives in mental health. Practice issues addressed include the mental health of children, young people and families, and older people, as well as a range of mental health conditions. Promoting rights, recovery and social justice and balancing these with an appreciation of risk is central to all the discussions. Practice examples and points for reflection are included to encourage critical thinking and further exploration of the issues raised. Suggestions for additional reading and resources are offered at the end of each chapter.
Subject terms:
mental health care, mental health problems, rights, risk, social work;
Mental health legislation is necessary for protecting the rights of people with mental disorders, who are a vulnerable section of society. They face stigma, discrimination and marginalization in all societies, and this increases the likelihood that their human rightswill be violated. Mental disorders can sometimes affect people’s decision-making capacities and they may not always seek or accept treatment for their problems. Rarely, people with mental disorders may pose a risk to themselves and others because of impaired decision-making abilities. The risk of violence or harm associated with mental disorders is relatively small. Common misconceptions on this matter should not be allowed to influence mental health legislation. Mental health legislation can provide a legal framework for addressing critical issues such as the community integration of persons with mental disorders, the provision of care of high quality, the improvement of access to care, the protection of civil rights and the protection and promotion of rights in other critical areas such as housing, education and employment. Legislation can also play an important role in promoting mental health and preventing mental disorders. Mental health legislation is thus more than care and treatment legislation that is narrowly limited to the provision of treatment in institution-based health services. Part of a series on good practice in mental health care.
Mental health legislation is necessary for protecting the rights of people with mental disorders, who are a vulnerable section of society. They face stigma, discrimination and marginalization in all societies, and this increases the likelihood that their human rightswill be violated. Mental disorders can sometimes affect people’s decision-making capacities and they may not always seek or accept treatment for their problems. Rarely, people with mental disorders may pose a risk to themselves and others because of impaired decision-making abilities. The risk of violence or harm associated with mental disorders is relatively small. Common misconceptions on this matter should not be allowed to influence mental health legislation. Mental health legislation can provide a legal framework for addressing critical issues such as the community integration of persons with mental disorders, the provision of care of high quality, the improvement of access to care, the protection of civil rights and the protection and promotion of rights in other critical areas such as housing, education and employment. Legislation can also play an important role in promoting mental health and preventing mental disorders. Mental health legislation is thus more than care and treatment legislation that is narrowly limited to the provision of treatment in institution-based health services. Part of a series on good practice in mental health care.
Extended abstract:
Author
WORLD HEALTH ORGANIZATION.
Title
Mental health legislation and human rights.
Publisher
World Health Organization, 2003
Summary
This module of the Mental Health Policy and Service Guidance package discusses the context of mental health legislation, activities preceding the formulation of legislation, its content, and process issues.
Context
Mental health legislation is necessary for protecting the rights of people with mental disorders, who are a vulnerable section of society. They face stigma, discrimination and marginalisation in all societies, and this increases the likelihood that their human rights will be violated. Mental disorders can sometimes affect people's decision-making capacities and they may not always seek or accept treatment for their problems. Rarely, people with mental disorders may pose a risk to themselves and others because of impaired decision-making abilities. The risk of violence or harm associated with mental disorders is relatively small. Common misconceptions on this matter should not be allowed to influence mental health legislation. Mental health legislation can provide a legal framework for addressing critical issues such as the community integration of persons with mental disorders, the provision of care of high quality, the improvement of access to care, the protection of civil rights and the protection and promotion of rights in other critical areas such as housing, education and employment. Legislation can also play an important role in promoting mental health and preventing mental disorders. Mental health legislation is thus more than care and treatment legislation that is narrowly limited to the provision of treatment in institution-based health services.
Contents
An executive summary is followed by the aims of the module and a list of those to whom it will be of interest. The aims are given as to provide an overview of the context of mental health legislation and outline they key areas of content in such legislation, underline the steps in formulating and implementing mental health legislation, and serve as an advocacy tool to promote the adoption and implementation of mental health legislation. The audience is policy-makers, legislators, general health planners; user groups; representatives or associations of families and carers of persons with mental disorders; advocacy organisations representing the interests of persons with mental disorders and their relatives and families; human rights groups working with or on behalf of persons with mental disorders; and officials in ministries of health, social welfare and justice.
An introduction explains the necessity of mental health legislation and discusses approaches to mental health legislation and the interface between mental health policy and legislation. Preliminary activities to be undertaken by countries wishing to formulate mental health legislation are given in Chapter 2 as identifying the country's principal mental disorders and barriers to implementation of policy and programmes, mapping of legislation related to mental health, studying international conventions and standards, reviewing mental heath legislation in other countries, and consultation and negotiating for change. Chapter 3 gives the key components of mental health legislation under two headings. Substantive provisions for mental health legislation include the principle of the least restrictive alternative, confidentiality, informed consent, voluntary and involuntary admission, voluntary and involuntary treatment in hospital and community settings, periodic review mechanism, competence (capacity), accreditation for professionals and mental health facilities, and rights and roles of families and carers. Substantive provisions for other legislation impacting on mental health include housing, education, employment, social security, criminal justice, civil and general purpose legislation, general health care legislation, access to psychotropic medications, protection of vulnerable groups, and restricting access to alcohol and drugs.
Key issues and actions in the drafting process are covered in Chapter 5, and in adoption of legislation in Chapter 6. Chapter 7 discusses obstacles and solutions to implementation. Obstacles include lack of co-ordinated action, lack of awareness, human resources, procedural issues, and lack of finances. Strategies for overcoming implementation difficulties with regard to finances, co-ordination, wide dissemination among people with mental disorders, families and advocacy organisations, public education and awareness, training for general health, mental health and other professionals, and visiting boards for mental health facilities and procedures for complaints and redress are given. Chapter 7 gives recommendations for countries with no mental health legislation, those with a limited amount, those with drafted legislation that has not been adopted, and those with legislation that has not been adequately implemented. Chapter 8 gives examples of mental health legislation from South Africa , South Korea , Italy , England and Wales , Belarus , Japan , Austria , Argentina , Pakistan , Trinidad and Tobago , Tunisia , and China . Definitions and references are listed. Information is also given in boxes, and all chapters but the last two end with key points.
25 references
Subject terms:
mental health care, mental health law, mental health problems, mental health services, rights, United Nations;
Mental health advocacy is a relatively new concept, developed with a view to reducing stigma and discrimination, and promoting the human rights of people with mental disorders. It consists of various actions aimed at changing the major structural and attitudinal barriers to achieving positive mental health outcomes in populations. This module draws attention to the importance of advocacy in mental health policy and service development. The roles of various mental health groups in advocacy are outlined. Practical steps are then recommended, indicating how ministries of health can support advocacy. Part of a series on good practice in mental health care.
Mental health advocacy is a relatively new concept, developed with a view to reducing stigma and discrimination, and promoting the human rights of people with mental disorders. It consists of various actions aimed at changing the major structural and attitudinal barriers to achieving positive mental health outcomes in populations. This module draws attention to the importance of advocacy in mental health policy and service development. The roles of various mental health groups in advocacy are outlined. Practical steps are then recommended, indicating how ministries of health can support advocacy. Part of a series on good practice in mental health care.
Extended abstract:
Author
WORLD HEALTH ORGANIZATION.
Title
Advocacy for mental health.
Publisher
World Health Organization, 2003
Summary
This module, part of the Mental Health Policy and Service Guidance package, draws attention to the importance of advocacy in mental health policy and service development. The roles of various mental health groups in advocacy are outlined and practical steps are recommended, indicating how ministries of health can support advocacy.
Context
Mental health advocacy is a relatively new concept, developed with a view to reducing stigma and discrimination and promoting the human rights of people with mental disorders. It consists of various actions aimed at changing the major structural and attitudinal barriers to achieving positive mental health outcomes in populations. Advocacy in this field began when the families of people with mental disorders first made their voices heard. People with mental disorders then added their own contributions. Gradually, these people and their families were joined and supported by a range of organisations, many mental health workers and their associations, and some governments. Recently, the concept of advocacy has been broadened to include the needs and rights of persons with mild mental disorders and the mental health needs and rights of the general population.
Contents
The book begins with an executive summary, aims, and the target audience. The aims are given as to provide guidance to ministries of health on the development of mental health advocacy in countries or regions, and the audience as policy-makers and public health professionals in ministries of health (or health offices) of countries or large administrative divisions of countries (regions, states, provinces); advocacy groups representing people with mental disorders and their families; and general health workers and mental health workers.
Chapter 1 asks what advocacy is and why it is important, discussing the concept of mental health advocacy, barriers to mental health, positive mental health outcomes, the development of the mental health advocacy movement, and the importance of mental health advocacy. The roles of different groups in advocacy is discussed in Chapter 2: consumers and families, non-governmental organisations, general health workers and mental health workers, and policy makers and planners. Chapter 3 explains how ministries of health can support advocacy activities with consumer groups, family groups and non-governmental organisations, with general health workers and mental health workers, with policy-makers and planners, and with the general population. Detailed steps, subdivided into tasks, are given. General strategies for supporting advocacy activities with the general population, and the role of the mass media in advocacy, are also discussed. Examples of good practice in advocacy from Brazil , Italy , Uganda , Australia , Mexico , Spain and Mongolia are given in Chapter 4. Chapter 5 gives barriers and solutions to supporting advocacy from ministries of health. Barriers include resistance from policy-makers and planners, division and friction between mental health advocacy groups, resistance and antagonism from general health workers and mental health workers, very few people seem interested in mental health advocacy, confusion about the theories and rationale of mental health advocacy, and there are few or no consumer groups, family groups or non-governmental organisations dedicated to mental health advocacy. Solutions for all are given. Chapter 6 gives recommendations for countries with no, few and several advocacy groups. Information is also given in boxes, and most chapters end with key points. Definitions, further reading and references end the book.
34 references
Subject terms:
mental health care, mental health problems, mental health services, rights, United Nations, advocacy;
Journal of Social Welfare and Family Law, 41(4), 2019, pp.463-478.
Publisher:
Taylor and Francis
Place of publication:
Philadelphia, USA
Community Treatment Orders (CTOs) have developed rapidly in England and Wales to become a substantial legal intervention. Mixed methods were used to analyse CTOs as one intervention in a complex mental health system and its relationship with social factors. CTOs are used more than expected, with a high number of revocations and renewals. Less than half of CTOs are discharged on time. Service users experience multiple social disadvantages and isolation. They value the stability of a relationship with a care coordinator, but are ambivalent about medication, and can have negative feelings about coercion. Those experiencing recovery tend to initiate social activities, but have poor engagement in care plans, tribunals and reviews. CTOs reduce compulsory hospitalisation, but give rise to human rights issues in the community. Without major social investment to support those with chronic mental health conditions, CTOs may remain the best compromise to balance the demands and requirements of legal and health policy.
(Edited publisher abstract)
Community Treatment Orders (CTOs) have developed rapidly in England and Wales to become a substantial legal intervention. Mixed methods were used to analyse CTOs as one intervention in a complex mental health system and its relationship with social factors. CTOs are used more than expected, with a high number of revocations and renewals. Less than half of CTOs are discharged on time. Service users experience multiple social disadvantages and isolation. They value the stability of a relationship with a care coordinator, but are ambivalent about medication, and can have negative feelings about coercion. Those experiencing recovery tend to initiate social activities, but have poor engagement in care plans, tribunals and reviews. CTOs reduce compulsory hospitalisation, but give rise to human rights issues in the community. Without major social investment to support those with chronic mental health conditions, CTOs may remain the best compromise to balance the demands and requirements of legal and health policy.
(Edited publisher abstract)
Subject terms:
mental health problems, mental health, mental health care, supervised community treatment, user views, complex needs, intervention, staff-user relationships, rights, community care;
This report details findings from visits to 47 mental health admission wards providing care to adults across Scotland, which were conducted to find out whether people receiving care felt their rights were being respected, identify any good practice and provide recommendations for practice. The visits reviewed the care of 323 patients and spoke to 41 carers and hospital staff. The report summarises key findings in the areas of: hospital admission, feeling safe, care planning, recovery, peer support, discharge planning, activities, consent to treatment and advance statements. The report found positive and negative findings. It identifies improvements in the physical environment, found wards were taking a more recovery-focused approach, and also found more peer support workers in wards since the last themed visit. However, the report also identifies a number of areas for improvement. These included: level of safety, with almost one in five patients spoken to reporting feeling unsafe; access to activities, with fewer than half of patients spoken to said they had the opportunity to exercise; and delays in accessing social work services affecting discharge planning. A series of recommendations are included.
(Edited publisher abstract)
This report details findings from visits to 47 mental health admission wards providing care to adults across Scotland, which were conducted to find out whether people receiving care felt their rights were being respected, identify any good practice and provide recommendations for practice. The visits reviewed the care of 323 patients and spoke to 41 carers and hospital staff. The report summarises key findings in the areas of: hospital admission, feeling safe, care planning, recovery, peer support, discharge planning, activities, consent to treatment and advance statements. The report found positive and negative findings. It identifies improvements in the physical environment, found wards were taking a more recovery-focused approach, and also found more peer support workers in wards since the last themed visit. However, the report also identifies a number of areas for improvement. These included: level of safety, with almost one in five patients spoken to reporting feeling unsafe; access to activities, with fewer than half of patients spoken to said they had the opportunity to exercise; and delays in accessing social work services affecting discharge planning. A series of recommendations are included.
(Edited publisher abstract)
Subject terms:
inspection, mental health care, hospital admission, patients, acute psychiatric care, user views, mental health problems, rights;
This document summarises responses and key theme identified from the consultation on revising the Mental Health Act 1983: Code of Practice. The consultation gave respondents an opportunity to evaluate how policies are being delivered and realised in practice, in areas including the use of restrictive interventions, seclusion, use of police powers to detain people in places of safety, and the use of community treatment orders. The consultation received almost 350 responses. Details are provide of the major changes made to the specific Code chapters and what respondents wanted to change, but have remained as they are.
(Edited publisher abstract)
This document summarises responses and key theme identified from the consultation on revising the Mental Health Act 1983: Code of Practice. The consultation gave respondents an opportunity to evaluate how policies are being delivered and realised in practice, in areas including the use of restrictive interventions, seclusion, use of police powers to detain people in places of safety, and the use of community treatment orders. The consultation received almost 350 responses. Details are provide of the major changes made to the specific Code chapters and what respondents wanted to change, but have remained as they are.
(Edited publisher abstract)
Subject terms:
mental health care, mental health law, mental health problems, mental health services, hospital admission, hospital discharge, rights, severe mental health problems;
This code of practice provides guidance to mental health professionals and other practitioners on how they should carry out their duties under the Mental Health Act. As well as providing guidance for professionals, the revised code of practice also guides patients, their families and carers on their rights. Chapters are grouped into seven areas: Using the Act; Protecting patient's rights and autonomy; Assessment, transport and admission to hospital; Additional considerations for the needs of specific patients; Care, support and treatment in hospital; Leaving hospital; and additional information for professional with specific responsibilities under the Act. Subjects covered in individual chapters include: the nearest relative; independent mental health advocates; mental capacity and deprivation of liberty; detention in hospital; police community treatment orders; guardianship; after care; and care programme approach. The code of practice will come into force on 1 April 2015, depending on Parliamentary approval.
(Edited publisher abstract)
This code of practice provides guidance to mental health professionals and other practitioners on how they should carry out their duties under the Mental Health Act. As well as providing guidance for professionals, the revised code of practice also guides patients, their families and carers on their rights. Chapters are grouped into seven areas: Using the Act; Protecting patient's rights and autonomy; Assessment, transport and admission to hospital; Additional considerations for the needs of specific patients; Care, support and treatment in hospital; Leaving hospital; and additional information for professional with specific responsibilities under the Act. Subjects covered in individual chapters include: the nearest relative; independent mental health advocates; mental capacity and deprivation of liberty; detention in hospital; police community treatment orders; guardianship; after care; and care programme approach. The code of practice will come into force on 1 April 2015, depending on Parliamentary approval.
(Edited publisher abstract)
Subject terms:
mental health services, rights, hospital discharge, mental health care, mental health law, hospital admission, mental health problems, severe mental health problems;
GREAT BRITAIN. Parliament. House of Commons. Health Committee
Publisher:
Stationery Office
Publication year:
2013
Pagination:
87
Place of publication:
London
The Mental Health Act 2007 amended and updated the Mental Health Act 1983, which remains the cornerstone of mental health legislation in England. The measures in the 2007 Act were proposed to reflect the changing ways in the treatment and care of patients with mental health problems. The 2007 Act included a single definition of mental disorder, to incorporate conditions not accounted for in the original legislation. In this post-legislative scrutiny of the 2007 Act, the Health Committee is concerned that the Department of Health does not have a clear picture of what is leading to increased rates of detention, and whether or how pressure on beds is having a detrimental effect on treatment. Patients who manage to access treatment voluntarily are subject to ‘de facto detention’, whereby they are detained under section if they seek to leave hospital. Supervised Community Treatment (SCT) was introduced in the 2007 Act, to enable some patients with mental disorder to live and be treated in the community. However, number of patients subject to compulsion under the 2007 Act has increased as a result of SCT. The Committee found evidence about the effective application of deprivation of liberty safeguards (DOLS) for people suffering from mental incapacity "profoundly depressing and complacent". The Department of Health should undertake an urgent review of the implementation of DOLS, which should be presented to Parliament, together with an action plan for improvement, within 12 months. Although the 2007 Act did not inherently disadvantage minority ethnic patients, the numbers subject to Community Treatment Orders (CTOs) is even more disproportionate than the number detained in psychiatric hospitals. The Committee recommends that local authorities should ensure they commission culturally sensitive and effective advocacy services. A more successful outcome investigated by the Committee was the use of Independent Mental Health Advocates (IMHAs).
(Original abstract)
The Mental Health Act 2007 amended and updated the Mental Health Act 1983, which remains the cornerstone of mental health legislation in England. The measures in the 2007 Act were proposed to reflect the changing ways in the treatment and care of patients with mental health problems. The 2007 Act included a single definition of mental disorder, to incorporate conditions not accounted for in the original legislation. In this post-legislative scrutiny of the 2007 Act, the Health Committee is concerned that the Department of Health does not have a clear picture of what is leading to increased rates of detention, and whether or how pressure on beds is having a detrimental effect on treatment. Patients who manage to access treatment voluntarily are subject to ‘de facto detention’, whereby they are detained under section if they seek to leave hospital. Supervised Community Treatment (SCT) was introduced in the 2007 Act, to enable some patients with mental disorder to live and be treated in the community. However, number of patients subject to compulsion under the 2007 Act has increased as a result of SCT. The Committee found evidence about the effective application of deprivation of liberty safeguards (DOLS) for people suffering from mental incapacity "profoundly depressing and complacent". The Department of Health should undertake an urgent review of the implementation of DOLS, which should be presented to Parliament, together with an action plan for improvement, within 12 months. Although the 2007 Act did not inherently disadvantage minority ethnic patients, the numbers subject to Community Treatment Orders (CTOs) is even more disproportionate than the number detained in psychiatric hospitals. The Committee recommends that local authorities should ensure they commission culturally sensitive and effective advocacy services. A more successful outcome investigated by the Committee was the use of Independent Mental Health Advocates (IMHAs).
(Original abstract)
Subject terms:
mental health services, advocacy, supervised community treatment, compulsory treatment, compulsory detention, Deprivation of Liberty Safeguards, mental health law, mental health care, mental health problems, rights;
The Mental Health Act 1983 governs the compulsory treatment of certain people who have a mental disorder. The purpose of the Mental Health Act 2007 was to amend the 1983 Act in a number of areas. The Mental Health Act 2007 also introduced ‘deprivation of liberty safeguards’ and extended the rights of victims. Between 3 and 5 years after an Act of Parliament has received Royal Assent, it is reviewed by the relevant Government Department and then by Parliament, to see how the law has worked in practice, a process known as ‘post-legislative scrutiny’. This memorandum provides a preliminary assessment of the Mental Health Act 2007. It reviews the changes that the 2007 Act made to the Mental Health Act 1983. Specifically, it provides assessment of the effects of the following elements of the Mental Health Act 2007: single definition of mental disorder; appropriate medical treatment; guiding principles; professional roles; nearest relatives’ rights; independent mental health advocacy; supervised community treatment; places of safety; age-appropriate accommodation; Deprivation of Liberty Safeguards; and victims’ rights.
The Mental Health Act 1983 governs the compulsory treatment of certain people who have a mental disorder. The purpose of the Mental Health Act 2007 was to amend the 1983 Act in a number of areas. The Mental Health Act 2007 also introduced ‘deprivation of liberty safeguards’ and extended the rights of victims. Between 3 and 5 years after an Act of Parliament has received Royal Assent, it is reviewed by the relevant Government Department and then by Parliament, to see how the law has worked in practice, a process known as ‘post-legislative scrutiny’. This memorandum provides a preliminary assessment of the Mental Health Act 2007. It reviews the changes that the 2007 Act made to the Mental Health Act 1983. Specifically, it provides assessment of the effects of the following elements of the Mental Health Act 2007: single definition of mental disorder; appropriate medical treatment; guiding principles; professional roles; nearest relatives’ rights; independent mental health advocacy; supervised community treatment; places of safety; age-appropriate accommodation; Deprivation of Liberty Safeguards; and victims’ rights.
Subject terms:
mental health care, mental health law, mental health problems, rights, supervised community treatment, advocacy, compulsory detention, compulsory treatment, Deprivation of Liberty Safeguards;
The module outlines the steps to be followed in the development and implementation of a child and adolescent mental health policy and plan. Its goal is to assist countries to promote the healthy development of children and adolescents. The module describes how to develop a policy and plan using several sources of data: country information about the epidemiology of child and adolescent mental health problems, the existing financial and human resources available, the current service organisation and the views and attitudes of health workers. It then outlines the critical steps of formulating the vision, values, principles and the objectives of the policy, making use of an extensive consultation process with all stakeholders. In order to effectively implement the policy, a strategic plan should be developed, and guidance is provided on the key actions to be taken in this respect, including the formulation of strategies, associated activities, targets, indicators, resources and timeframes. Based on the latest evidence-based practice, the module provides a template that enables countries to address the comprehensive mental health needs of children and adolescents, across a range of sectors. Part of a series on good practice in mental health care.
The module outlines the steps to be followed in the development and implementation of a child and adolescent mental health policy and plan. Its goal is to assist countries to promote the healthy development of children and adolescents. The module describes how to develop a policy and plan using several sources of data: country information about the epidemiology of child and adolescent mental health problems, the existing financial and human resources available, the current service organisation and the views and attitudes of health workers. It then outlines the critical steps of formulating the vision, values, principles and the objectives of the policy, making use of an extensive consultation process with all stakeholders. In order to effectively implement the policy, a strategic plan should be developed, and guidance is provided on the key actions to be taken in this respect, including the formulation of strategies, associated activities, targets, indicators, resources and timeframes. Based on the latest evidence-based practice, the module provides a template that enables countries to address the comprehensive mental health needs of children and adolescents, across a range of sectors. Part of a series on good practice in mental health care.
Subject terms:
mental health care, mental health problems, mental health services, policy, rights, United Nations, advocacy, child and adolescent mental health services;