Legislation and Frameworks for Mental Health Care

Understanding Key Legislation

Familiarise with the Mental Health Act 1983, which provides the legal framework for detaining and treating patients with serious mental health problems in England and Wales.
Review the Mental Capacity Act 2005, which protects individuals who can’t make decisions for themselves, and outlines how others can take decisions on their behalf.
Understand the Care Act 2014, which sets out local authorities’ duties in relation to assessing adults’ needs for care and support, and those of carers.
Take note of the Equality Act 2010, which protects people from discrimination because of certain protected characteristics, including disability (which can cover mental health conditions).

Protection of Rights and Advocacy

Appreciate the importance of Human Rights Act 1998, particularly its applicability in protecting and promoting the rights of individuals receiving mental health care.
Get acquainted with the role of Independent Mental Capacity Advocates (IMCAs), introduced by the Mental Capacity Act 2005, to support people who lack capacity and have no one to speak for them.
Understand the use of Mental Health Advocates to support vulnerable people and protect their rights under the Mental Health Act 1983.

Policy and Practice Frameworks

Study the National Service Framework for Mental Health (NSF), launched in 1999 to set standards of care in mental health services.
Understand the ‘No Health Without Mental Health’ strategy of 2011 aimed at mainstreaming mental health across all areas of public policy.
Explore the ‘Closing the Gap’ report of 2014 as a commitment to ensuring equal treatment for people with mental and physical health problems.
Familiarise with The Five Year Forward View for Mental Health of 2016 as a roadmap for improving mental health outcomes across the National Health Service (NHS).
Review the principles of person-centred care and recovery approach in mental health care provision.

Understanding Regulatory Bodies

Familiarise with the role of The Care Quality Commission (CQC) as the independent regulator of health and social care services in England.
Understand the role of the Equality and Human Rights Commission and its impact on mental health service provision.
Examine the function of the General Medical Council and the Nursing and Midwifery Council in regulating professionals involved in delivering psychiatric care.