The main piece of legislation covering Mental Health is The Mental Health Act 1983. This aims to give people with mental health problems the support and protection they require. It may soon be superseded by new legislation which addresses the area more comprehensively. The Act is accompanied by a Code of Practice which dictates how the Act should be implemented.

The guiding principles of the Code of Practice are that people should:-

• Receive recognition of their basic human rights under European law
• Be given respect for their qualities, abilities and diverse backgrounds
• Have their needs fully taken into account
• Be given any necessary treatment, consistent with their own needs and wishes
• Be discharged as soon as their detention is no longer justified

N.B. all these principles are provisional, usually on the availability of services.
 

THE MENTAL CAPACITY ACT
 
The Mental Capacity Act 2005 is the primary legislation where a person lacks capacity now or may lack capacity at some point in the future. This can be for short periods due to accidents, medical conditions or intoxication or for longer periods due to mental health difficulties. These issues are likely to effect each of us and our have implications for our families.
 
The Act seeks to promote a person's control over their life and ability to make decisions whilst seeking to ensure that a person is protected and supported when they are unable to make decisions for themselves. By making capacity assessments time and issue specific it ensures that a person's ability to make decisions is recognised where ever it can be. Through the use of lasting powers of Attorney and advance decisions we; and the people we support, can have a say as to what happens to them at a time in the future when they lose capacity.
 
Finally, through the concept of best interest and the safeguarding measures of the Court of Protection and the Office of the Public Guardian there are clear guidelines to safeguard and promote the care of people when they do not have the capacity to make decisions.
 
The Deprivation of Liberty Safeguards seek to ensure that, when a person lacks capacity to choose where they live and their liberty is significantly restricted, to keep them safe, the need for and appropriateness of this is properly assessed, authorised and reviewed. The authorisations only apply to hospitals and care homes but the issues are relevant for all people that lack capacity and staff that work with them.
 
For further information visit the following websites:-
www.direct.gov.uk
www.nhs.uk
www.mind.org.uk
 
See also: Government Policy