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Legal Matters

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Mental Health Act 1983

Mental Capacity Act 2005 & Deprivation of Liberty Safeguards (DoLS)
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Carers (Equal Opportunities) Act 2004

The Act gives Carers more choice and opportunities to lead a more fulfilling life, by ensuring that they receive information about their rights to assessment, and to training and work opportunities. It should achieve three main things: Ensure that work, life-long learning and leisure are considered when a carer is assessed Give local authorities new […]

The Carers (Recognition and Services) Act 1995

The Carers (Recognition & Services) Act 1995, which came into effect on 1st April 1996 was the first piece of legislation to recognise fully the crucial role played by carers. The Act contains two main elements for carers: A carer’s right to ask for an assessment of their ability to care Local authorities duty to […]

The Carers and Disabled Children Act 2000

The Carers & Disabled Children Act 2000, implemented in Wales in August 2001, aims to build upon the Carers Act of 1995 and to give local authorities new and important powers to provide services directly to carers. This legislation is intended to enable local authorities to develop new services to support Carers. It will offer […]

The National Health Service and Community Care Act 1990

Under the 1990 National Health Service and Community Care Act any adult aged 18 or over who is eligible for and requires services from the Local Authority has the right to a full assessment of their needs and the services provided should be individually tailored to meet those assessed needs. The two main stipulations are: […]
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Admisson to Hospital

It is the intention of the Act that, wherever possible, people are admitted to hospital “informally”, i.e. without using the formal powers of the Act [Section 131]. In the event of a person being unwilling to go into hospital it may be possible to compulsorily detain them for assessment and/or treatment in the interests of […] 		A

After Care [s.117]

It is the joint responsibility of both the Health Service and the Local Authority to provide aftercare for discharged patients previously detained under a treatment [not assessment] order. The form and extent of this aftercare is not defined by the legislation, but should be based on the patient’s needs. The patient and/or their family cannot […] 		A

Appointeeship

Appointeeship is where a person acts on behalf of another to receive their benefits and use the money to pay household expenses such as bills, food and personal items. The Department for Work and Pensions acting on behalf of the Secretary of State can authorise someone else to act on a person’s behalf if the […] 		A

Carers (Equal Opportunities) Act 2004

The Act gives Carers more choice and opportunities to lead a more fulfilling life, by ensuring that they receive information about their rights to assessment, and to training and work opportunities. It should achieve three main things: Ensure that work, life-long learning and leisure are considered when a carer is assessed Give local authorities new […] 		C

Consent to treatment

For patients detained under the Mental Health Act 1983, Part IV of the Act goes to some lengths to ensure that patients comprehend the nature of planned treatment programmes. Drug treatment for mental disorder may be given to a patient with or without the patient’s consent during the first three months of detention in hospital. […] 		C

Court of Protection

The Court of Protection is a specialist court to deal with decision-making for adults (and children in a few cases) who may lack capacity to make specific decisions for themselves. The new Court of Protection replaces the old court of the same name, which only dealt with decisions about the property and financial affairs of […] 		C

Deprivation of Liberty Safeguards [DoLS]

DoLS are a part of the Mental Capacity Act 2005 that provide a means of lawfully depriving someone of their liberty in either a hospital or care home, if it is in their best interests and is the least restrictive way of keeping the person safe from harm. People may only be lawfully deprived of […] 		D

Discharge from Hospital

Informal patients may discharge themselves at any time. Patients detained under compulsory orders may be discharged when their ‘Section’ expires, or prior to this at the discretion of the Responsible Clinician. The patient’s nearest relative may apply to discharge a detained patient by giving 72 hours notice in writing to the Hospital Managers. This notice […] 		D

Guardianship

The purpose of guardianship is to enable patients 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. As such, with the exception of the power to […] 		G

Healthcare Inspectorate Wales

Healthcare Inspectorate Wales is independent of the Hospital. It is a special Health Authority that carries out functions on behalf of the Secretary of State and the National Assembly for Wales. The Inspectorate performs functions of a public nature and is therefore a “public authority” for the purposes of the Human Rights Act 1998. The […] 		H

Lasting Power of Attorney

Only adults aged 18 or over can make an LPA, and they can only makean LPA if they have the capacity to do so. 1. Personal welfare LPAsLPAs can be used to appoint attorneys to make decisions about personal welfare, which can include healthcare and medical treatment decisions. The standard form for personal welfare LPAs […] 		L

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 who may lack capacity to make specific decisions must comply with this Act when making decisions or acting […] 		M

Mental Health Act 1983 Code of Practice for Wales

From 3rd November 2008, there was a new 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, Mental Health Teams have copies and it can also […] 		M

Mental Health Review Tribunals

The Mental Health Review Tribunal is a part of the Court system and is responsible for hearing patient appeals against detention. Tribunal panel members consist of a legal member, a medical member, and a lay member. All have experience considered suitable by the Lord Chancellor. Patients detained under Section 2, 3, 7 [Guardianship] and 17 […] 		M

Power of Attorney

Sometimes one person will want to give another person authority to make a decision on their behalf. A power of attorney is a legal document that allows them to do so. Under a power of attorney, the chosen person (the attorney or donee) can make decisions that are as valid as one made by the […] 		P

The Carers (Recognition and Services) Act 1995

The Carers (Recognition & Services) Act 1995, which came into effect on 1st April 1996 was the first piece of legislation to recognise fully the crucial role played by carers. The Act contains two main elements for carers: A carer’s right to ask for an assessment of their ability to care Local authorities duty to […] 		T

The Carers and Disabled Children Act 2000

The Carers & Disabled Children Act 2000, implemented in Wales in August 2001, aims to build upon the Carers Act of 1995 and to give local authorities new and important powers to provide services directly to carers. This legislation is intended to enable local authorities to develop new services to support Carers. It will offer […] 		T

The Language used in the Mental Health Act

The term “mental disorder” which is used throughout the Act means “any disorder or disability of the mind”. An “Approved Mental Health Professional” is a professional who has undertaken training and acts on behalf of the local authority, for the purposes of the Mental Health Act. A “Responsible Clinician” is a professional who has undertaken […] 		T

The National Health Service and Community Care Act 1990

Under the 1990 National Health Service and Community Care Act any adult aged 18 or over who is eligible for and requires services from the Local Authority has the right to a full assessment of their needs and the services provided should be individually tailored to meet those assessed needs. The two main stipulations are: […] 		T

The Patient in hospital

In principle, the informal psychiatric patient is in a similar legal position to the patient in a general hospital. However, in an emergency, if it becomes necessary to undertake a Mental Health Act assessment on an informal inpatient, the Act allows for a doctor to hold the patient for a period of up to 72 […] 		T
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