Ethical Issues In Mental Health
Mental health legislation is complex and how this relates to ethical practice is open to critical debate. This essay will focus on some of the key ethical issues when implementing the Mental Health Act 1983 and the amendments to it, now called the Mental Health Act 2007.
The Human Rights Act 1998 gives right to freedom and liberty (Human Rights Act 1998). Limitations to the right of liberty essentially revolve around three key legal principles in mental health:
1) If you are deemed to have a mental disorder of a nature and degree which warrants detention;
2) He ought to be so detained in the interests of his own health and safety;
3) Or with a view to the protection of other persons.
(Kinney, 2009)
On the basis of these principles, people …show more content…
Decisions to detain individuals are now made by two doctors and an Approved Mental Health Professional (AMHP) as introduced in the Mental Health Act 2007 (MHAct07), adding the protection of a non-medical opinion (Kinney, 2009). Legally and principally, the AMHP should be focusing on the rights of the service user to maintain self-determination (Kinney, 2009). However, practice is not immune from public concerns about the ‘dangerous mentally ill’ and unfortunately can lead to an almost inevitable ethical compromise and possible inappropriate detainment (Kinney, …show more content…
These ‘long leash’ provisions are targeted at ‘revolving door’ patients, seeking to stabilise them and ensure drug compliance for public safety and to reduce the need for hospital admission (Carpenter, 2009). This illustrates social control on the grounds of users ‘best interest’ and public safety and questions ethical practice. Carpenter (2009) suggests that black and ethnic minority users will be more likely to be subjected to these supervised community treatments, lowering trust and deterring help-seeking.
No Health without Mental Health policy (DoH, 2011) set out to improve the mental health and wellbeing of the nation, and to improve outcomes for people with mental health problems through high quality services. This states there is a necessity for all areas of society, such as schools, workplaces and community organisations to contribute to the promotion of good mental health and prevention of mental health problems – in all areas of people’s lives (Mind, 2016).
Social work practice in mental health is inherently complicated, with assessments and interventions often charged with controversy, tension and dispute. Even when social workers use control powers vested in them under the Mental Health Act, they should do so from a humanising perspective that looks forward to the possibility of change,
The Human Rights Act 1998 gives right to freedom and liberty (Human Rights Act 1998). Limitations to the right of liberty essentially revolve around three key legal principles in mental health:
1) If you are deemed to have a mental disorder of a nature and degree which warrants detention;
2) He ought to be so detained in the interests of his own health and safety;
3) Or with a view to the protection of other persons.
(Kinney, 2009)
On the basis of these principles, people …show more content…
Decisions to detain individuals are now made by two doctors and an Approved Mental Health Professional (AMHP) as introduced in the Mental Health Act 2007 (MHAct07), adding the protection of a non-medical opinion (Kinney, 2009). Legally and principally, the AMHP should be focusing on the rights of the service user to maintain self-determination (Kinney, 2009). However, practice is not immune from public concerns about the ‘dangerous mentally ill’ and unfortunately can lead to an almost inevitable ethical compromise and possible inappropriate detainment (Kinney, …show more content…
These ‘long leash’ provisions are targeted at ‘revolving door’ patients, seeking to stabilise them and ensure drug compliance for public safety and to reduce the need for hospital admission (Carpenter, 2009). This illustrates social control on the grounds of users ‘best interest’ and public safety and questions ethical practice. Carpenter (2009) suggests that black and ethnic minority users will be more likely to be subjected to these supervised community treatments, lowering trust and deterring help-seeking.
No Health without Mental Health policy (DoH, 2011) set out to improve the mental health and wellbeing of the nation, and to improve outcomes for people with mental health problems through high quality services. This states there is a necessity for all areas of society, such as schools, workplaces and community organisations to contribute to the promotion of good mental health and prevention of mental health problems – in all areas of people’s lives (Mind, 2016).
Social work practice in mental health is inherently complicated, with assessments and interventions often charged with controversy, tension and dispute. Even when social workers use control powers vested in them under the Mental Health Act, they should do so from a humanising perspective that looks forward to the possibility of change,