scholarly journals Informal mental health patients: what are they told of their legal rights?

2017 ◽  
Vol 22 (1) ◽  
pp. 51-62
Author(s):  
Russell Ashmore ◽  
Neil Carver

Purpose The purpose of this paper is to determine what written information is given to informally admitted patients in England and Wales regarding their legal rights in relation to freedom of movement and treatment. Design/methodology/approach Information leaflets were obtained by a search of all National Health Service mental health trust websites in England and health boards in Wales and via a Freedom of Information Act 2000 request. Data were analysed using content analysis. Findings Of the 61 organisations providing inpatient care, 27 provided written information in the form of a leaflet. Six provided public access to the information leaflets via their website prior to admission. Although the majority of leaflets were accurate the breadth and depth of the information varied considerably. Despite a common legal background there was confusion and inconsistency in the use of the terms informal and voluntary as well as inconsistency regarding freedom of movement, the right to refuse treatment and discharge against medical advice. Research limitations/implications The research has demonstrated the value of Freedom of Information Act 2000 requests in obtaining data. Further research should explore the effectiveness of informing patients of their rights from their perspective. Practical implications Work should be undertaken to establish a consensus of good practice in this area. Information should be consistent, accurate and understandable. Originality/value This is the only research reporting on the availability and content of written information given to informal patients about their legal rights.

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Melanie Jay Narayanasamy ◽  
Louise Thomson ◽  
Carol Coole ◽  
Fiona Nouri ◽  
Avril Drummond

Purpose There has been little research into the use and efficacy of Mental Health First Aid (MHFA) across UK workplaces. This paper aims to investigate the implementation of MHFA across six UK organisations, identifying key barriers and facilitators. Design/methodology/approach Twenty-seven workplace representatives were recruited from six organisations through purposive sampling and took part in semi-structured interviews exploring their experiences of workplace MHFA. The data underwent thematic analysis, identifying key themes around implementation. Findings Implementation varied across organisations, including different reasons for initial interest in the programme, and variable ways that MHFA-trained employees operated post-training. Key barriers to successful implementation included negative attitudes around mental health, the perception that MHFA roles were onerous, and employees’ reluctance to engage in the MHFA programme. Successful implementation was perceived to be based on individual qualities of MHFA instructors and good practice demonstrated by trained individuals in the workplace. The role of the inner organisational setting and employee characteristics were further highlighted as barriers and facilitators to effective implementation. Research limitations/implications MHFA is a complex intervention, presenting in different ways when implemented into complex workplace settings. As such, traditional evaluation methods may not be appropriate for gaining insights into its effectiveness. Future evaluations of workplace MHFA must consider the complexity of implementing and operationalising this intervention in the workplace. Originality/value This study is the first to highlight the factors affecting successful implementation of MHFA across a range of UK workplaces.


2018 ◽  
Vol 20 (1) ◽  
pp. 17-32
Author(s):  
Daniel T. Wilcox ◽  
Leam A. Craig ◽  
Marguerite L. Donathy ◽  
Peter MacDonald

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.


1999 ◽  
Vol 2 ◽  
pp. 303-328 ◽  
Author(s):  
Ulf Öberg

There is without doubt a radical difference between the culture of open government in Sweden and the until recently prevailing culture of secrecy in Britain and within the European Union. From a classic British sceptic’s perspective, “public access to official documents is deemed unnecessary, since British democracy has functioned for so long without it”. The British “have always relied heavily, although not always successfully, on the concept of ‘ministerial responsibility’ to Parliament in order to secure public trust in government”. The mainstream of eighteenth-century British political thought held that the nation’s political well-being required the foundation of an informed gentleman citizenry. By the middle decades of the eighteenth-century, the movement away from the idea of a citizenry composed exclusively of gentlemen was firmly established on both sides of the Atlantic. It became increasingly acknowledged that men of the “meaner sort” should have the right to hold opinions on public affairs and ought to be allowed to protest against governments and laws they deemed improper.


2020 ◽  
Vol 25 (2) ◽  
pp. 169-183
Author(s):  
Russell Ashmore

Purpose The purpose of this paper is to report on the content of local policies on engagement and observation written by National Health Service (NHS) organisations in England and Wales. Design/methodology/approach Engagement and observation policies were obtained from all (n = 61) NHS mental health trusts in England and health boards in Wales via a Freedom of Information Act 2000 request. Data were analysed using content analysis. Findings All organisations had a specific policy referring to either “observation and engagement” or “observation”. The policies varied considerably in quality, length, breadth and depth of the information provided. Significant variations existed in the terminology used to describe the different types of enhanced observation. Inconsistencies were also noted between organisations regarding: which members of the clinical team could initiate, increase, decrease and terminate observation; who could undertake the intervention (for example students); and the reasons for using it. Finally, despite rhetoric to the contrary, the emphasis of policies was on observation and not engagement. Research limitations/implications This research has demonstrated the value of examining local policies for identifying inconsistencies in guidance given to practitioners on the implementation of engagement and observation. Further research should be undertaken to explore the impact of local policies on practice. Practical implications Local policies remain variable in content and quality and do not reflect contemporary research. There is a need to produce evidence-based national standards that organisations are required to comply with. Originality/value To the best of the author’s knowledge, this is the first research in 20 years examining the local policy framework for the implementation of engagement and observation.


2015 ◽  
Vol 25 (3) ◽  
pp. 248-268 ◽  
Author(s):  
Derek Johnson ◽  
Edward Hampson

Purpose – This research paper aims to consider the use of the UK Freedom of Information Act 2000 (FOIA) as a resource providing access to otherwise unavailable data from the UK Police forces. Not seeking to be a critical examination of Police practice, it offers insight to many aspects of records management appertaining to the police service provision of recorded crime. Authors consider whether record management is sufficiently integrated into police practice, given the transparency called for by the FOIA, contemporary societal needs and the growing requirement to provide high value evidence led assessments of activity both within and external to the service. Design/methodology/approach – FOIA was utilised to collect data from all police forces in England and Wales through multiple requests. Carried out over a 15-month period, three requests were collated and responses compared, allowing for examination of compliance with the legislation and reflections on the manner in which records were sought and ultimately disseminated. Findings – Generally, responding to FOIA requests was well managed by English Police Forces. Methods of data management and collection practice were exposed which the authors suggest pose questions on the strength of records management consideration that may be worthy of further work. Configuration management of records is highlighted as an essential function given the disparity of data releases experienced. Research limitations/implications – This research highlights the FOIA as a valuable methodological tool for academic researchers, but it is limited in respect of seeking firm contextual explanation of the Police internal procedures to answer requests. By making common requests over a long time period to the same Police forces, it provides a clear study of FOIA processes and raises potentially significant questions for records management consideration. Practical implications – Findings provide advice on developing use of the FOIA as an academic methodological resource and reflect on the findings impact on internal police use of data and information records. Originality/value – This paper allows for reflection on the importance of high-value records management in the day-to-day business of the police service and questions whether such knowledge areas are suitably considered. Covering an area of little previous academic enquiry, the research informs criminal justice practitioners of areas for potential further discussion and academic researchers on the validity of using the FOIA as a valuable information source.


2018 ◽  
Vol 20 (2) ◽  
pp. 93-100 ◽  
Author(s):  
Marian Foley ◽  
Ian Cummins

Purpose The purpose of this paper is to report the findings of a scoping study that explored the extent of recorded sexual violence perpetrated on inpatients on mental health (MH) units. Design/methodology/approach A Freedom of Information Act (FOI) request was sent to 45 police forces. The FOI asked for the number of recorded offences of rape and sexual assault by penetration for the five years 2010-2015. Following the responses from the police, a similar FOI request was sent to MH trusts. Findings There were significant variations in the way that both police forces and MH trusts approached the recording of this information. Research limitations/implications The research highlights variation and inadequacy of current recording practices in relation to sexual offences committed against inpatients on MH units. Practical implications There needs to be more consistent systems of recording of allegations of sexual assault and responses to them by agencies. In the trust recording of these incidents, it is recommended that a specific category of sexual violence is created. On a national level, the Office for National Statistics should produce a national data set that records the number of rapes that are committed in MH inpatient units. Originality/value This paper highlights the “gap” of information in relation to recorded rape and may indicate that complainants with a history of mental illness are less likely to have their allegation recorded as a crime.


2016 ◽  
Vol 21 (2) ◽  
pp. 107-118 ◽  
Author(s):  
Sian Dallimore ◽  
Katharine Christie ◽  
Maria Loades

Purpose – Multidisciplinary team (MDT) clinical supervision is being used in many mental health services but at present has not received adequate attention by researchers in order to generate evidence-based approaches. The purpose of this paper is to explore the utility and staff perspectives of an MDT model of clinical supervision in the form of a “Clinical Discussion Group” (CDG) on an acute inpatient mental health ward within the context of the current literature on the components of effective supervision in order to make recommendations for practice. Design/methodology/approach – In total, 12 members of staff working on the ward were interviewed to gather their perspective on attendance, helpful aspects, outcomes, unhelpful aspects, and changes. Interview transcripts were analysed using thematic analysis. Findings – In total, 11 themes were identified, three within “The Group and how it operates” (attendance, discussion topics and facilitation), five within “Impact and Usefulness” (valued by staff, understanding a case, emotional benefit, learning and working together as a team) and three within “Changes to the Group” (organisation, discussion topic and group outcomes). Originality/value – This paper explores the benefits and challenges of a CDG from the perspective of the staff who attend. It presents some recommendations for good practice which should be of use to managers and supervisors who wish to use team supervision to improve patient outcomes and also makes suggestions for future research in this field.


2018 ◽  
Vol 13 (5) ◽  
pp. 257-263 ◽  
Author(s):  
Emily Satinsky ◽  
David Crepaz-Keay ◽  
Antonis Kousoulis

Purpose The purpose of this paper is to review the Mental Health Foundation’s experiences designing, implementing and evaluating peer-focused self-management programmes. Through a discussion of barriers and good practice, it outlines ways to be successful in making such projects work to improve mental health and wellbeing among at-risk populations. Design/methodology/approach A total of 11 Mental Health Foundation programmes implemented over the past ten years were reviewed through reading manuals and publications and interviewing programme managers. Key data were extracted from each programme to analyse trends in aims, outcomes and recommendations. Findings Through a focus on peer-work, programmes taught individuals from a variety of societal sectors self-management skills to effectively deal with life stressors. Through sharing in non-judgmental spaces and taking ownership of programme design and content, individuals realised improvements in wellbeing and goal achievement. Practical implications Good practice, barriers and recommendations can be taken from this review and applied to future peer-focused self-management programmes. By better embedding quantitative and qualitative evaluations into programme development and implementation, programmes can add to the evidence base and effectively target needs. Originality/value This review lays out valuable experience on an innovative community service paradigm and supports the evidence on effectiveness of peer-focused self-management programmes with a variety of group populations.


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