Mental capacity legislation and its impact on parents with learning difficulties involved in childcare and family law proceedings assessments in England and Wales

2018 ◽  
Vol 20 (1) ◽  
pp. 17-32
Author(s):  
Daniel T. Wilcox ◽  
Leam A. Craig ◽  
Marguerite L. Donathy ◽  
Peter MacDonald
Keyword(s):  
Mental Health ◽  
Family Law ◽  
Good Practice ◽  
Learning Difficulties ◽  
Mental Capacity ◽  
Mental Health Practitioners ◽  
England And Wales ◽  
Content Type ◽  
Health Practitioners ◽  
The Impact

Purpose The purpose of this paper is to consider the impact of mental capacity legislation when applied to parents with learning difficulties who lack capacity within childcare and family law proceedings in England and Wales. Design/methodology/approach The paper relies on a range of material including reports published by independent mental health foundations, official inquiries and other public bodies. It also refers to academic and practitioner material in journals and government guidance. Findings The paper critically reviews the application of the guidance when assessing mental capacity legislation as applied in England and Wales and offers by way of illustration several case examples where psychological assessments, and the enhancement of capacity, have assisted parents who were involved in childcare and family law proceedings. Research limitations/implications There has been little published research or governmental reports on the number of cases when parents involved in childcare and family law proceedings have been found to lack capacity. No published prevalence data are available on the times when enhancing capacity has resulted in a change of outcome in childcare and family law proceedings. Practical implications The duty is on the mental health practitioners assessing mental capacity that they do so in a structured and supportive role adhering to good practice guidance and follow the guiding principles of mental capacity legislation assuming that the individual has capacity unless it is established that they lack capacity. Guidance and training is needed to ensure that the interpretation of the Mental Capacity Act (MCA) and its application is applied consistently. Social implications For those who are considered to lack mental capacity to make specific decisions, particularly within childcare and family law proceedings, safeguards are in place to better support such individuals and enhance their capacity in order that they can participate more fully in proceedings. Originality/value While the MCA legislation has now been enacted for over ten years, there is very little analysis of the implications of capacity assessments on parents involved in childcare and family law proceedings. This paper presents an overview and, in places, a critical analysis of the new safeguarding duties of mental health practitioners when assessing for, and enhancing capacity in parents.

Supporting minority groups in schools – reflections on training education mental health practitioners

2021 ◽  
Vol 16 (6) ◽  
pp. 468-479
Author(s):  
Helen Woodley
Keyword(s):  
Mental Health ◽  
Minority Groups ◽  
Early Stage ◽  
Local Level ◽  
Mental Health Practitioners ◽  
Current Status ◽  
Content Type ◽  
Ongoing Training ◽  
Health Practitioners ◽  
Service Role

Purpose This study aims to reflect upon the first wave of training of Education Mental Health Practitioners (EMHPs), a new National Health Service role to provide support for Children and Young People (CYP) with low and moderate mental health needs in education settings in England. The study specifically focusses on the training for EMHPs in relation to their support for CYP who identify themselves as Black, Asian or Minority Ethnic (BAME), refugees or from the traveller community. Design/methodology/approach A brief review of the policy and literature on the role and remit of EMHPs was undertaken, including an exploration of the current status of BAME, refugee and traveller community CYP in schools in England. The review was then related to the specific experience of the author within the context of teaching EMHP trainees in a higher educational setting and evaluated as developing outcomes in low-intensity school-based practice. Findings There are benefits for trainee EMHPs to have an understanding of the minority groups of CYP attending schools in the area their Mental Health Support Team (MHST) covers. There are benefits for the MHST to form relationships with minority groups at an early stage in the MHST formation. Adapting the EMHP curriculum at a local level to include specific training on the needs of minority groups supports the development of relationships between schools and the communities they engage with locally. Ongoing training should be provided by services focussing on the specific needs of minority groups in their MHST area. Originality/value Involving minority groups in education in the formation of MHST and the training of EMHPs may improve outcomes in developing therapeutic relationships with CYP. Developing engagement practices in MHSTs with higher education providers, begins the process early in the experience of EMHP trainees, providing a safe environment in which to develop engagement skills.

scholarly journals Mentally disordered young offenders in transition from child and adolescent to adult mental health services across England and Wales

2017 ◽  
Vol 19 (4) ◽  
pp. 301-308 ◽  
Author(s):  
Maria I. Livanou ◽  
Vivek Furtado ◽  
Swaran P. Singh
Keyword(s):  
Mental Health ◽  
Mental Health Services ◽  
Health Services ◽  
Adolescent Mental Health ◽  
Child And Adolescent ◽  
Young Offenders ◽  
England And Wales ◽  
Content Type ◽  
Health And Wellbeing ◽  
The Impact

Purpose This paper provides an overview of transitions across forensic child and adolescent mental health services in England and Wales. The purpose of this paper is to delineate the national secure services system for young people in contact with the youth justice system. Design/methodology/approach This paper reviews findings from the existing literature of transitions across forensic child and adolescent mental health services, drawing attention to present facilitators and barriers to optimal transition. The authors examine the infrastructure of current services and highlight gaps between child and adult service continuity and evaluate the impact of poor transitions on young offenders’ mental health and wellbeing. Findings Young offenders experience a broad range of difficulties, from the multiple interfaces with the legal system, untreated mental health problems, and poor transition to adult services. Barriers such as long waiting lists, lack of coordination between services and lack of transition preparation impede significantly smooth transitions. Research limitations/implications The authors need to develop, test and evaluate models of transitional care that improve mental health and wellbeing of this group. Practical implications Mapping young offenders’ care pathway will help to understand their needs and also to impact current policy and practice. Key workers in forensic services should facilitate the transition process by developing sustainable relationships with the young person and creating a safe clinical environment. Originality/value Transition of care from forensic child and adolescent mental health services is a neglected area. This paper attempts to highlight the nature and magnitude of the problems at the transition interface in a forensic context.

scholarly journals Compulsion in the community? The introduction of supervised community treatment

2010 ◽  
Vol 16 (4) ◽  
pp. 245-252 ◽  
Author(s):  
Guy Brookes ◽  
Nick Brindle
Keyword(s):  
Mental Health ◽  
Health Professionals ◽  
Community Treatment ◽  
Mental Health Practitioners ◽  
England And Wales ◽  
Mental Health Act ◽  
Health Practitioners ◽  
Legislative Framework

SummarySupervised community treatment (SCT) is one of the most prominent amendments to the Mental Health Act 1983. It has divided opinion among health professionals and introduces significant powers not previously available in England and Wales. This article considers how SCT fits into the established legislative framework and how it may affect the care delivered by mental health practitioners.

Working with relatives and friends

2019 ◽  
pp. 229-236
Author(s):  
Nicki Moone
Keyword(s):  
Mental Health ◽  
Best Practice ◽  
National Policy ◽  
Careful Consideration ◽  
Mental Health Practitioners ◽  
Policy And Practice ◽  
Inpatient Ward ◽  
Health Practitioners ◽  
The Impact

Working with relatives and carers on inpatient wards demands careful consideration and reflection on how best to adapt practice to meet their needs, working in partnership as stipulated by national policy and practice guidelines. Making all staff ‘carer aware’ means having a systematic approach to building on carers’ strengths and addressing their needs. The role of mental health practitioners in an acute inpatient ward requires a specific set of skills and values when working alongside carers and consideration of the impact that the caring role has had. Attention to best practice, guidance, and protocols go some way to addressing the need to be carer inclusive.

scholarly journals Culturally Sensitive PTSD Screening in Non-Western Youth: Reflections and Indications for Mental Health Practitioners

2019 ◽  
Vol 32 (Special_Issue_1) ◽  
pp. i151-i161
Author(s):  
James Michael Perry ◽  
Camilla Modesti ◽  
Alessandra Talamo ◽  
Giampaolo Nicolais
Keyword(s):  
Mental Health ◽  
Cultural Adaptation ◽  
Mental Health Practitioners ◽  
Dsm 5 ◽  
Health Practitioners ◽  
The World ◽  
Assessment And Treatment ◽  
The Impact ◽  
Translation And Validation

Abstract Children around the world are exposed to traumatic events and research confirms that cultural factors play a central role in the psychological experience of trauma and the manifestation of symptoms in trauma and stress-related disorders. The DSM-5 and ICD-11 call on practitioners to consider the role of culture and context in the manifestation, assessment, and treatment of mental health disorders. This article analyzes peer-reviewed literature involving youth and adolescent PTSD screening in non-Western contexts, revealing only few instruments that have undergone validation for cultural contexts outside those for which they were developed. Studies that include cultural validation show marked differences in methodology and conceptual framework for adaptation, translation, and validation, and disagreement on the scale and scope of tools necessary to assess the impact of trauma in non-Western youth. The discussed studies reveal a need to debate a uniform methodology for cultural adaptation and validation of PTSD screening instruments.

scholarly journals Supported decision-making from the perspectives of mental health service users, family members supporting them and mental health practitioners

2018 ◽  
Vol 52 (9) ◽  
pp. 826-833 ◽  
Author(s):  
Renata Kokanović ◽  
Lisa Brophy ◽  
Bernadette McSherry ◽  
Jacinthe Flore ◽  
Kristen Moeller-Saxone ◽  
...  
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Mental Health Service ◽  
Health Service ◽  
Good Practice ◽  
Family Members ◽  
Mental Health Practitioners ◽  
Service Users ◽  
Moral Obligations ◽  
Health Practitioners

Background: Supporting the decision-making of mental health service users fulfils professional, ethical and moral obligations of mental health practitioners. It may also aid personal recovery. Previous research on the effectiveness of supported decision-making interventions is limited. Aims: The study aims to explore from several perspectives the barriers and facilitators to supported decision-making in an Australian context. Supported decision-making was considered in terms of interpersonal experiences and legal supported decision-making mechanisms. Methods: In all, 90 narrative interviews about experiences of supported decision-making were conducted and analysed. Participants were mental health service users who reported diagnoses of schizophrenia, psychosis, bipolar disorder and severe depression; family members supporting them and mental health practitioners, including psychiatrists. The data were analysed thematically across all participants. Results: Negative interpersonal experiences in the mental health care system undermined involvement in decision-making for people with psychiatric diagnoses and family carers. Mental health practitioners noted their own disempowerment in service systems as barriers to good supported decision-making practices. All groups noted the influence of prevailing attitudes towards mental health service users and the associated stigma and discrimination that exist in services and the broader community. They believed that legal supported decision-making mechanisms facilitate the participation of mental health service user and their family supporters in supported decision-making. Conclusions: Enabling supported decision-making in clinical practice and policy can be facilitated by (1) support for good communication skills and related attitudes and practices among mental health practitioners and removing barriers to their good practice in health and social services and (2) introducing legal supported decision-making mechanisms.

Personal reactions to sexual assault disclosures made by female clients diagnosed with serious mental illness

2018 ◽  
Vol 13 (4) ◽  
pp. 248-256
Author(s):  
Charlotte Strauss Swanson ◽  
Tracy Schroepfer
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Sexual Assault ◽  
Serious Mental Illness ◽  
Mental Health Practitioners ◽  
Personal Factors ◽  
Content Type ◽  
Study Results ◽  
Health Practitioners ◽  
Female Clients

Purpose Mental health practitioners working with female clients diagnosed with a serious mental illness (SMI) often face client disclosures of sexual assault. Research has shown that practitioners’ responses can be complicated by the diagnosis and lack of professional training; however, less is known about the role their personal factors may play. The purpose of this paper is twofold: to further understanding of practitioners’ personal reactions and investigate how these reactions affect their professional response. Design/methodology/approach Nine mental health practitioners participated in face-to-face interviews, in which they were asked to describe their personal reactions when faced with a disclosure and to discuss how these reactions influence client assessment, treatment and referral. Findings The study results show that lacking training, practitioners expressed feelings of uncertainty, fear and worry about how best to respond without causing further harm. Findings serve to inform future training to support practitioners and, as a result, improve care and treatment for this population. Originality/value This study is unique because it explores the personal reactions mental health practitioners’ experience when responding to disclosures of sexual assault among women diagnosed with an SMI and how these reactions may impact their professional response.

scholarly journals Understanding of the Mental Capacity Act in work with older adults exploring the “unintended consequences” for service users’ emotional wellbeing

2016 ◽  
Vol 20 (3) ◽  
pp. 151-156
Author(s):  
Matthew Graham
Keyword(s):  
Mental Health ◽  
Older Adults ◽  
Decision Making ◽  
Good Practice ◽  
Mental Capacity ◽  
Mental Wellbeing ◽  
Service Users ◽  
Emotional Wellbeing ◽  
Content Type ◽  
Mental Capacity Act

Purpose The purpose of this paper is to explore the consequences for older people’s mental wellbeing of understandings relating to the Mental Capacity Act 2005 (MCA). The MCA seeks to maximise people’s abilities to make decisions and provides a framework for decisions to be made in a person’s best interests should they lack the mental capacity to do so themselves (Graham and Cowley, 2015). Practice varies widely amongst health and social care practitioners and little is known about the nature of interventions under the MCA or the outcomes for service users’ lives and health, especially their mental health and emotional wellbeing. Design/methodology/approach By reflecting upon existing evidence this position paper offers a narrative of how practice in applying the principles of the MCA may impact upon the mental wellbeing of older people. Drawing upon court of protection judgements and existing research the author analyses the way the MCA is understood and applied and how institutional mechanisms might hinder good practice. Findings There are tensions between policy imperatives and examples of practice linked to the MCA, the spirit of the MCA and tenets of good practice. Despite efforts on promoting choice, control and rights there is growing paradoxical evidence that the MCA is used as a safeguarding tool with the consequences that it constrains older people’s rights and that it may encourage risk averse practice. The consequences of this for older people are considerable and include lack of choice, autonomy and self-determination. This discussion suggests that anxiety in relation to the application of the MCA stills exists in practice and that maximising older people’s capacity and supporting decision making is central in promoting mental health and wellbeing. Practical implications This position paper will identify how the MCA might be interpreted in action through consideration of existing evidence. This paper may lead to future research on how understandings of the MCA are constructed and what values underpin its application from conception to outcomes in relation to understandings of risk, risk aversion, decision making and the potential and need for emancipatory practice. Essentially, the paper will discuss how the MCA actually seeks to enhance the mental health and emotional wellbeing of older adults by offering a rather radical approach to understanding people’s wishes and feelings, but how attitudes may lead to misunderstandings and negative outcomes for the individual. Originality/value In a climate of serious case reviews identifying concerns and abuses in care it is imperative that understanding of the MCA inform good practice. However, what constitutes good practice requires unravelling and the agendas, requirements and attitudes of interventions need considering from an epistemological perspective as well as to project how the outcomes of decision-making impact upon the mental health of older adults. This paper will discursively add value to the narrative around how the MCA is applied in practice and how chosen practice often constructs the mental wellbeing of older adults.

How can organisations help employees thrive? The development of guidelines for promoting positive mental health at work

2016 ◽  
Vol 9 (4) ◽  
pp. 411-427 ◽  
Author(s):  
Lauren J. Davenport ◽  
Amanda F. Allisey ◽  
Kathryn M. Page ◽  
Anthony D. LaMontagne ◽  
Nicola J. Reavley
Keyword(s):  
Mental Health ◽  
Well Being ◽  
Positive Mental Health ◽  
Expert Consensus ◽  
Mental Health Practitioners ◽  
Consensus Method ◽  
Content Type ◽  
Workplace Mental Health ◽  
Health Practitioners ◽  
Health And Well Being

Purpose Benefits of positive mental health have been demonstrated across work and non-work domains. Individuals reporting positive mental health experience better work performance, better social relationships and better physical health. Additionally, positive work environments can contribute to employee mental health. The purpose of this paper is to develop “expert” consensus regarding practical, actionable strategies that organisations can implement to promote positive mental health in the workplace. Design/methodology/approach A Delphi consensus method was used to establish expert consensus on strategies to promote positive workplace mental health. A 278-item questionnaire was developed and strategies were rated over three survey rounds by two panels comprising 36 workplace mental health practitioners and 36 employer representatives and employees (27 and 9, respectively), employees with experience of promoting positive mental health and well-being in the workplace (total – 72 panellists). Findings In total, 220/278 strategies were rated as essential or important by at least 80 per cent of both panels. Endorsed strategies covered the topics of: mental health and well-being strategy, work environment that promotes positive mental health, positive leadership styles, effective communication, designing jobs for positive mental health, recruitment and selection, supporting and developing employees, work-life balance, and positive mental health and well-being initiatives. Originality/value The guidelines arising from this study represent expert consensus on what is currently appropriate for promoting positive mental health at work from the perspectives of workplace mental health practitioners, employers and employees, and constitute a resource for translating the growing body of knowledge in this area into policy and practice.

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