Case Study

Case Study

Introduction

In this Case, it can be clearly observed that the whole family is passing through a severe depression, especially Bernie & Jim. They both need different counselling to improve their condition. In order to understand the provision and act we will now discuss the main area of legislation relevant to this case study. The basic purpose of mental health legislation is to make certain that some patients suffering from a mental disorder (as defined) are forced to accept admission to hospital and compulsory treatment without their consent.

Discussion

The Mental Health Act of 1989

The mental health act of (1989) is a legislative act passed by the British parliament which is applicable to the people in England and Wales. The Act covers the reception, treatment and care of people having mental health problems, it also deals with the management of their property and different other related financial and non financial matters. In particular, it has provided with the legislation in which people who are facing mental health issues can be detained and treated in the hospitals against their wishes. The use of this Act is regulated and reviewed by the care quality commission. In the year 2007, the act received significant amendments because it was had conflicts with the European convention on human rights (Kenneth, p.87).

New treatment and care order

Flexibility within the new compulsory powers will play a key role. Currently, under the MHA 1989, care and treatment of a patient is heavily linked to detention within hospital. As reliance on hospital care longer reflects contemporary psychiatric practice, the legal provision as it stands is inadequate. The MHA 1989 does not have the necessary flexibility to enable compulsory treatment to be carried out in the community; neither does it support the ideal of the least restrictive environment of care. At present, deterioration of an individual's mental condition is necessary before medical intervention is justifiable. Therefore, mental health provision teeters from one extreme to the other: from crisis level to complete heath, a situation which certainly does not reflect the experiences and desires of most mentally vulnerable people (Ian, p.13).

After a thorough examination, they must all agree that the conditions for the application of compulsory powers are met. The two basic and primary conditions are that the patient who is suffering from mental disorder must pose a threat to other people with his serious mental condition in order to warrant further extensive assessment by a professional from a relevant field.

Risk to others

Although generally, people with mental health problems are no more likely than those without a mental health problem to behave dangerously, there are characteristics and situational factors that contribute to elevated levels of risk to others. Research to develop precise actuarial methods for predicting dangerousness may be fraught with difficulty, but these factors should not be ignored, rather they need to be considered and weighted using reflective professional judgment. The effects in all of us of alcohol and narcotics are generally to disinherit behaviour and weaken the internalized controls that usually ...