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Legal /Protection Aspects of Caring

This section is designed to explain some of the legal and protection issues that may arise while you are caring for someone. To the best of our knowledge the information contained is correct. If you have any queries or questions about these issues it would be advisable to contact your named social worker.

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Directory

Guardianship

The purpose of guardianship is to enable patients with mental health needs  to receive community care within an authoritative framework. That framework should provide a minimum of constraint to allow the patient to achieve as independent a life as possible within the community, and lessen the risk of hospital re-admission. The guardian has the power […]

Healthcare Inspectorate Wales (HIW) [s.120-121]

HIW is independent of the Hospital and carries out inspections of healthcare facilities, including the use of the Mental Health Act 1983 and the Deprivation of Liberty Safeguards. It carries out functions on behalf of the National Assembly for Wales. HIW uses a variety of people to carry out its work, including doctors, lawyers, nurses, […]

Mental Capacity Act 2005

The Mental Capacity Act 2005 provides the legal framework for acting and making decisions on behalf of individuals who lack the mental capacity to make particular decisions for themselves. Everyone working with and/or caring for an adult (aged 16 years and over) who may lack capacity to make specific decisions must comply with this Act […]

Mental Health Act 1983

A brief summary The principal legislation which governs the formal detention and care of “mentally disordered” people in hospital in England and Wales, is the Mental Health Act 1983. On 3rd November 2008, a number of changes were made to the 1983 Act by the Mental Health Act 2007: these are reflected in what follows. […]

Mental Health Act 1983 Code of Practice for Wales

This provides guidance to those people who operate the Mental Health Act and should be followed unless there are good reasons not to do so. The Code can be viewed on hospital wards and Mental Health Teams also have copies. For further information, guidance, etc about the Mental Health Act, please visit www.wales.nhs.uk/mentalhealthact1983

Protection of Vulnerable Adults from Abuse and Inappropriate Care

For several years, since the implementation of the Welsh Assembly Government guidance document ‘In Safe Hands (2000)’ and the development of the ‘South Wales Policy and Procedures for the Protection of Vulnerable Adults from Abuse and Inappropriate Care (2001)’ Cardiff and Vale Local Health Board, in partnership with the Local Authorities, Police and Care and […]

Social Services and Well-being (Wales) Act 2014

The Social Services and Well-being (Wales) Act 2014 became Law on 1st May 2014 and implemented from 6th April 2016 and is intended to transform the way social services are delivered. The Act repeals the majority of previous community care legislation and is a new law that will affect: Adults Children Carers Health and social […]
Showing 7 results
Directory Group

Guardianship

The purpose of guardianship is to enable patients with mental health needs  to receive community care within an authoritative framework. That framework should provide a minimum of constraint to allow the patient to achieve as independent a life as possible within the community, and lessen the risk of hospital re-admission. The guardian has the power […] 		G

Healthcare Inspectorate Wales (HIW) [s.120-121]

HIW is independent of the Hospital and carries out inspections of healthcare facilities, including the use of the Mental Health Act 1983 and the Deprivation of Liberty Safeguards. It carries out functions on behalf of the National Assembly for Wales. HIW uses a variety of people to carry out its work, including doctors, lawyers, nurses, […] 		H

Mental Capacity Act 2005

The Mental Capacity Act 2005 provides the legal framework for acting and making decisions on behalf of individuals who lack the mental capacity to make particular decisions for themselves. Everyone working with and/or caring for an adult (aged 16 years and over) who may lack capacity to make specific decisions must comply with this Act […] 		M

Mental Health Act 1983

A brief summary The principal legislation which governs the formal detention and care of “mentally disordered” people in hospital in England and Wales, is the Mental Health Act 1983. On 3rd November 2008, a number of changes were made to the 1983 Act by the Mental Health Act 2007: these are reflected in what follows. […] 		M

Mental Health Act 1983 Code of Practice for Wales

This provides guidance to those people who operate the Mental Health Act and should be followed unless there are good reasons not to do so. The Code can be viewed on hospital wards and Mental Health Teams also have copies. For further information, guidance, etc about the Mental Health Act, please visit www.wales.nhs.uk/mentalhealthact1983 		M

Protection of Vulnerable Adults from Abuse and Inappropriate Care

For several years, since the implementation of the Welsh Assembly Government guidance document ‘In Safe Hands (2000)’ and the development of the ‘South Wales Policy and Procedures for the Protection of Vulnerable Adults from Abuse and Inappropriate Care (2001)’ Cardiff and Vale Local Health Board, in partnership with the Local Authorities, Police and Care and […] 		P

Social Services and Well-being (Wales) Act 2014

The Social Services and Well-being (Wales) Act 2014 became Law on 1st May 2014 and implemented from 6th April 2016 and is intended to transform the way social services are delivered. The Act repeals the majority of previous community care legislation and is a new law that will affect: Adults Children Carers Health and social […] 		S
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