Legal Frameworks and how they assist your role

Overview

You may come across the following legal frameworks in your role.  These are briefly described below but you will receive wider training on them as part of your induction and on-the-job training.

Mental Health Act – A service user or patient may be or has been taken to hospital and remains their against their wishes.  Someone may refer to this as having been detained or “sectioned”.  This only happens if the person has a mental condition that puts themselves, or others at risk.  A mental health professional will decide if someone’s mental health meets the definition of the Act.

Mental Capacity Act 2005 – sets out the process to follow to identify whether someone has the ability to make their own decisions.  If a person loses this capacity the Mental Capacity Act protects the person and provides them with rights.  A person is considered to have capacity to make decisions unless there is evidence to support otherwise.

The Care Act -A service user may have a care act assessment to identify whether a person needs care and support in their daily life as a result of a physical or mental health problem. Assessments are usually completed by a social worker with support needs identified fulfilled by support workers.

Why is this important

When working with any patients/service users it is important to understand what rights are in place to protect the individual, but also what boundaries you will be required to work within.

You will be asked to ensure that someone you are providing support and advice to understands the information they are being provided with and that they are able to recall that information to help them understand any decisions which need to be made.  A person may lose their capacity for a temporary period of time because of their poor mental health. Further information with regard to consent can be found further on in this section.

Skills Review

Having completed this sub-topic I will understand the importance of these skills.

• I am able to seek the relevant advice and support if I am unclear as to how to proceed with a service user/patient who may not have the ability to make decisions.
• I am able to identify when a patient/service user may not be engaged in the decision making process and work with them to consider alternative arrangements.