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Article
Publication date: 15 May 2023

Deborah Foss

The purpose of this paper is to consider the role of the Mental Health Act (MHA) 1983 in safeguarding adults at risk of abuse and neglect. The author has undertaken a thematic…

Abstract

Purpose

The purpose of this paper is to consider the role of the Mental Health Act (MHA) 1983 in safeguarding adults at risk of abuse and neglect. The author has undertaken a thematic review of Safeguarding Adults Reviews (SARs) commissioned in England and Adult Practice Reviews (APRs) commissioned in Wales where the MHA 1983 was a central aspect to the review.

Design/methodology/approach

Reviews were included based on specific determinants, following analysis of SARs, APRs and executive summaries. This should not affect the credibility of the research, as themes were identified in conjunction with analysis of literature regarding use of the MHA in the context of adult safeguarding. Consequently, this review has been underpinned by evidence-based research in the area of study.

Findings

The interaction between statutes, such as the MHA 1983 and Care Act 2014, signify challenges to professionals, with variable application of mental health legislation in practice.

Research limitations/implications

Lack of a complete national repository for review reports means that it is likely that the data set analysis is incomplete. It was noted that limitations to this research include the fact that Safeguarding Adults Boards in England may not publish SAR reports or may choose to publish an executive summary or practice brief instead of the full SAR report, therefore limiting the scope of disseminating learning from SARs, as this is difficult to achieve where the full report has not been published. The author aimed to mitigate this by undertaking comprehensive searches of Local Authority and SAB websites, in addition to submitting Information requests to ensure that this research encompassed as many relevant review reports as possible.

Originality/value

This is an important and timely topic for debate, given that the UK Government is proposing reform of the MHA 1983. In addition, existing thematic reviews of SARS tend to be generalised, rather than specifically focused on the MHA.

Details

The Journal of Adult Protection, vol. 25 no. 5
Type: Research Article
ISSN: 1466-8203

Keywords

Article
Publication date: 15 May 2009

Ajit Shah, Chris Heginbotham and Mat Kinton

The Mental Capacity Act 2005 (MCA) was fully implemented in October 2007 within England and Wales as a framework for making decisions about incapacitated persons' care and…

Abstract

The Mental Capacity Act 2005 (MCA) was fully implemented in October 2007 within England and Wales as a framework for making decisions about incapacitated persons' care and treatment generally not amounting to a deprivation of their liberty (although such could be authorised under its powers by the new Court of Protection). From a planned date of April 2009, the MCA is to be enlarged by the provisions of the Mental Health Act 2007 (MHA 2007) to encompass deprivation of liberty, with the addition of a new framework of Deprivation of Liberty Safeguards (DOLS). The MHA 2007 also revised significant aspects of the Mental Health Act 1983 (MHA), which were implemented in November 2008. The interface between the MCA, as amended to include DOLS, and the revised MHA is complex and potentially ambiguous. This paper describes in detail some issues that may arise at the interface of the two acts, and seeks to inform professionals involved in the use of these legal frameworks of the resulting complexity.

Details

Mental Health Review Journal, vol. 14 no. 1
Type: Research Article
ISSN: 1361-9322

Keywords

Article
Publication date: 4 August 2021

Deborah J. Morris, Elanor Lucy Webb, Lowri Foster-Davies, Paul M. Wallang, David Gibbs, Peter D. McAllister and Farshad Shaddel

Ethical concerns about the use of the Mental Health Act (MHA) have led to calls for developmental disorders to be removed from the list of mental disorders for which individuals…

Abstract

Purpose

Ethical concerns about the use of the Mental Health Act (MHA) have led to calls for developmental disorders to be removed from the list of mental disorders for which individuals can be detained. In parallel, there are long-standing concerns of ethnic disparity in the application of the MHA. Nonetheless, the impact of the intersections of developmental disorder diagnosis, adolescence and ethnicity on the application of the MHA is unknown. This study aims to explore ethnic differences in MHA sections and the factors accounting for this, in an adolescent inpatient developmental disorder service.

Design/methodology/approach

File reviews were conducted to explore differences in MHA status, as well as demographic, clinical and risk factors that may account for this, between 39 white British and ethnic minority adolescents detained to a specialist inpatient developmental disorder service.

Findings

Consistent with adult literature, adolescents of an ethnic minority were overrepresented in the sample and were significantly more likely to be detained on Part III or “forensic” sections of the MHA than White British counterparts, with five times greater risk. Analyses revealed no significant differences between ethnic minority and white British participants on demographic variables, clinical needs, risk behaviours, risk measures nor application of restrictive practices and safeguarding procedures.

Practical implications

National audits exploring patterns of detention under the MHA across adolescent developmental disorder populations need to include analysis of intersections to ensure that the MHA is used as a means of last resort and in an equitable manner.

Originality/value

To the best of the authors’ knowledge, this paper is the first comprehensive exploration of the impact of ethnicity on detention patterns in ethnic minority and White British populations.

Details

The Journal of Forensic Practice, vol. 23 no. 3
Type: Research Article
ISSN: 2050-8794

Keywords

Abstract

Details

Tizard Learning Disability Review, vol. 13 no. 4
Type: Research Article
ISSN: 1359-5474

Article
Publication date: 20 March 2024

Ying Wang, Melissa Chapman, Louise Byrne, James Hill and Timothy Bartram

This case documents an innovative human resource management (HRM) practice adopted by an Australian organization in the energy sector, purposefully introducing lived experience…

Abstract

Purpose

This case documents an innovative human resource management (HRM) practice adopted by an Australian organization in the energy sector, purposefully introducing lived experience informed “mental health advocate” (MHA) roles into the organization, to address pressing mental health workforce issues. MHA roles provide experiential, first-hand knowledge of experiencing mental health issues, offering a novel, common-sense and impactful perspective on supporting employees with mental health challenges.

Approach

Data that informed this case came from desktop research using publicly available resources, as well as a series of conversations with four key stakeholders in the organization. This approach allowed insights into Energy Queensland’s journey towards establishing novel MHA roles to delineate the day-to-day work practice of these roles.

Contribution to Practice

This is a novel HRM practice that has only recently emerged outside of the mental health sector. We discuss key considerations that enabled the success of the roles, including taking an evolutionary perspective, obtaining support from senior executives and relevant stakeholders, making a long-term financial commitment, and providing autonomy and flexibility in role design. This is the first article that documents this innovative practice to offer new insights to HRM scholars, as well as practical guidelines to other organizations in addressing workforce mental health issues.

Details

Personnel Review, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0048-3486

Keywords

Article
Publication date: 20 December 2013

John Watts and Robin Mackenzie

The purpose of this paper is to explore the clinical implications of the case of AM and the ruling that the Mental Health Act no longer has primacy over other legislation in…

1066

Abstract

Purpose

The purpose of this paper is to explore the clinical implications of the case of AM and the ruling that the Mental Health Act no longer has primacy over other legislation in certain treatment situations.

Design/methodology/approach

Critical case analysis and discussion.

Findings

The Mental Capacity Act Deprivation of Liberty Safeguards could be used more widely, and in preference to the Mental Health Act, but this may cause problems to clinicians and other decision makers such as Mental Health Tribunals.

Originality/value

This case and its findings have not been widely discussed in academic or clinical practice literature.

Details

Tizard Learning Disability Review, vol. 19 no. 1
Type: Research Article
ISSN: 1359-5474

Keywords

Article
Publication date: 15 September 2020

Ian Cummins

This paper aims to examine reform of mental health legislation in England and Wales. It covers the period from the introduction of the 1983 MHA to the proposed reforms outlined in…

Abstract

Purpose

This paper aims to examine reform of mental health legislation in England and Wales. It covers the period from the introduction of the 1983 MHA to the proposed reforms outlined in the Wessley Review that was published in December 2018.

Design/methodology/approach

This is a literature-based project.

Findings

Reform of the mental health legislation reflects two potentially conflicting strands. One is the state’s power to incarcerate the “mad”, and the other is the move to protect the civil rights of those who are subject to such legislation. The failures to development adequately funded community-based mental health services and a series of inquiries in the 1990s led to the introduction of Community Treatment Orders in the 2007 reform of the MHA.

Research limitations/implications

The development of mental health policy has seen a shift towards more coercive approaches in mental health.

Practical implications

The successful reform of the MHA can only be accomplished alongside investment in community mental health services.

Originality/value

The paper highlights the tensions between the factors that contribute to mental health legislation reform.

Details

The Journal of Adult Protection, vol. 22 no. 4
Type: Research Article
ISSN: 1466-8203

Keywords

Book part
Publication date: 14 December 2016

Maria Teresa Uribe-Jaramillo

The purpose of this chapter is to give an interpretation to the limits of Indonesia’s forestry policy through the sustainable development approach analyzing the crossroads between…

Abstract

Purpose

The purpose of this chapter is to give an interpretation to the limits of Indonesia’s forestry policy through the sustainable development approach analyzing the crossroads between economic development and environmental sustainability. There is an expansion and intensification of industrial plantations such as palm oil, as part of the economic development strategy, which must coexist with ongoing efforts of conservation of forest resources in the pursuit of environmental sustainability, including policies such as the Forest Moratorium.

Design/methodolgy/approach

The study explores the influence of the economic development of the palm oil industry in the environmental sustainability of the Forest Moratorium during the period 2011–2014. A case study on the Forest Moratorium is presented analyzing the operativeness of sustainable development principles in the discourse and concrete actions of this specific policy.

Findings

The study evidences that there is a basic problem in Indonesia’s forestry policy and the sustainable development approach, not only because of its inherent contradictions, but also due to the flaws in its interpretation and implementation. It is necessary to rethink the sustainable development, its scopes and limitations, taking into consideration its hybridity, dynamism, and constant transformation. It is also necessary to consider the feasibility of a paradigm shift or a search for sustainable solutions based on other parameters. One way of doing it should include a more participatory approach with a joint work by the government, local communities, nongovernmental organizations, the private sector, and academia.

Research limitations/implications

First, as this is a case study the findings are not generalizable; and second, the social dimension of sustainable development is not incorporated in its entirety, as this study focuses mainly on the economic and environmental dimensions.

Practical implications

The findings contribute to the discussion in the theoretical and public policy fields, on the crossroads between economic development and environmental sustainability in the international agenda for sustainable development.

Originality/value

The study allows capturing the discussion in a concrete case and learning from the experience of Indonesia, its institutional failures, and the causes of its environmental problems.

Details

Climate Change and the 2030 Corporate Agenda for Sustainable Development
Type: Book
ISBN: 978-1-78635-819-6

Keywords

Article
Publication date: 1 November 2018

Sarah Markham

The purpose of this paper is to explore the experience and possibilities for misdiagnosis of women with ASD in secure and forensic hospitals, via the medium of a lived experience…

Abstract

Purpose

The purpose of this paper is to explore the experience and possibilities for misdiagnosis of women with ASD in secure and forensic hospitals, via the medium of a lived experience case study. To consider the clinical value of the patient perspective of and insight into their disorder. The case study is supplemented by relevant associations to the MHA Code of Practice, the CQC report, Monitoring the Mental Health Act (MHA) 2016–2017, published on 27 February 2018 and current research findings in the fields of service provision, quality of care and treatment of female patients with a diagnosis of ASD.

Design/methodology/approach

A review and commentary of the author’s lived experience of a formal diagnostic assessment for ASD as a female patient in a secure and forensic hospital. In reviewing aspects of the author’s clinical assessment, the author has made contextual reference to the MHA Code of Practice, the CQC report, Monitoring the MHA 2016–2017, published on 27 February 2018, and current research findings. The account focuses on aspects of the author’s recent experience assessment and treatment for ASD which the author believes may be of use in informing clinical practice.

Findings

Open-ended exploration of a lived experience account/case study of a diagnostic assessment of an adult female patient for ASD, demonstrating the possible ambiguity of responses to questionnaire-based assessment tools and other deficiencies inherent to the assessment process and care and treatment of adult female ASD sufferers in secure and forensic hospitals.

Research limitations/implications

The author uses the lived experience as a patient to review and provide commentary on the clinical assessment for ASD. This review is, therefore, informed by an authentic patient perspective and not clinical perspectives. This paper highlights the need for further research into the diagnostic assessment of females for ASD in a secure and forensic hospitals.

Practical implications

First, to encourage practitioners to extend their range of thinking to be more inclusive of the patient perspective when performing a diagnostic assessment. Second, to increase practitioner awareness of the deficiencies in the current service provision for adult female patients diagnosed with ASD in secure and forensic hospitals.

Social implications

To improve patient experience of diagnostic assessment for ASD and the quality of the assessment and patient outcomes in secure and forensic hospitals.

Originality/value

The paper is original in concept in that it considers the inclusion of patient experience/views in assessment and formulation and links them to wider social policy and practice guidance. The case study is an authentic patient account informed by the author’s experience of secure and forensic psychiatric hospitals. The value of the paper may be determined by the extent to which the paper encourages practitioners to consider the patient perspective and experience of the diagnostic assessment and how this and subsequent care and treatment may affect the adult female patient in secure and forensic hospitals.

Details

Advances in Autism, vol. 5 no. 1
Type: Research Article
ISSN: 2056-3868

Keywords

Article
Publication date: 8 February 2016

Ian Cummins and David Edmondson

In his recent report, Lord Adebowale (2013) described mental health issues as “core police business”. The recent retrenchment in mental health and wider public services mean that…

1917

Abstract

Purpose

In his recent report, Lord Adebowale (2013) described mental health issues as “core police business”. The recent retrenchment in mental health and wider public services mean that the demands on the police in this area are likely to increase. Mental health triage is a concept that has been adapted from general and mental health nursing for use in a policing context. The overall aim of triage is to ensure more effective health outcomes and the more effective use of resources. The purpose of this paper is to examine the current policy and practice in this area. It then goes on to explore the models of mental health triage that have been developed to try and improve working between mental health services and the police.

Design/methodology/approach

The paper outlines the main themes in the research literature regarding mental illness and policing, including a brief overview of section 136 MHA. It then examines recently developed models of triage as applied in these settings.

Findings

The models of triage that have been examined here have developed in response to local organisational, demographic and other factors. The approaches have two key features – the improved training for officers and improved liaison with mental health services.

Practical implications

Wider mental health training for officers and improved liaison with community-based services are the key to improving police contacts.

Social implications

The current pressure on mental health services has increased the role that the police have in responding to these sorts of emergencies. This situation is unlikely to change in the short term.

Originality/value

This paper contributes to the wider debate about policing and mental illness. It highlights the fact that section 136 MHA use has tended to dominate debates in this area to the detriment of a broader discussion of the police role.

Details

The Journal of Adult Protection, vol. 18 no. 1
Type: Research Article
ISSN: 1466-8203

Keywords

1 – 10 of 353