Mental Health Act 1983: History, Impact, and Implications for Social Workers and Service Users

This report explores the history, impact, and implications of the Mental Health Act 1983 on social workers and service users. It discusses the key areas of legislation, such as compulsory admission to hospital and consent to treatment, and highlights the importance of community inclusion and advocacy. The report also addresses the impact of the act on social workers and the role they play in improving mental health conditions.

Mental Health Act, 1983

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Historical Context........................................................................................................................3
Body of Work..............................................................................................................................4
Impact on Social Workers...........................................................................................................6
Impact on Service Users..............................................................................................................7
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Mental Health Act 1983 is an act of parliament that applies to people of England and
Wales. This act involves different rules and guidelines that regulate receiving, care and treatment
for mentally disabled people. This act also covers management of their property and other related
matters. Commencement of this act took place on 30 September 1983 followed by approval from
monarch on 9 May 1983. Followed by commencement it has been mainly amended in 1995,
2001, 2004 and 2017.
This report aims at identifying and exploring key policy and legislation that lead to
introduction of Mental Health Act 1983. Regarding this report will discuss history and area of
legislation and policy development. In addition to this, impact of act on social workers and
service users will also be discussed.
MAIN BODY
Historical Context
Policy is concerned with what government is doing and what it will do and legislation on
the other hand is concerned with statutory law that is legally binding (Annual fuel poverty
statistics report, 2016). Legislation sets what individuals, organizations and government is
allowed to do or must do through application of their duties and powers. Mental Health Act 1983
also created duties for different parties who come in contact with mentally disabled people.
Mental Health Act 1983 was developed after amendment and repealing several previously
developed acts regarding mentally disordered people.
Some previously developed acts include Lunacy Act 1845 and Country Asylums Act
1845. These were repealed to develop and implement by Lunacy Act 1890. This was followed by
Mental Deficiency Act 1913. Followed by this, Mental Treatment Act 1930 and National Health
Service Act 1946 came into effect (Vicary, Young and Hicks, 2019). Lunacy Act 1890 was
repealed and Mental Health Act was implemented and followed by this Mental Health Act 1983
came into effect from 1 September 1983. Key areas of legislation are-
Compulsory admission to hospital and guardianship -
This is one of the very important area of this act that helps in determining what are
conditions for patients or people with mental disorders requires to be admitted in hospital and
how long patient can be detained in hospital. This is because every patient has different mental

conditions and this is why every patient cannot be admitted and detained in hospital (Walking
the Breadline: The scandal of food poverty in 21st-century Britain, 2020). This area of the act
clarifies admission and detention of patients for assessment and for treatment. This area of the
act also clarifies guardianship and different situations for patients functions of relatives of
patients.
Patients concerned in criminal proceedings or under sentence -
This is another key area of this act that outline and guide actions and decisions to be
taken when mentally disordered people are concerned with criminal proceedings or are under
sentence. Being under sentence is concerned with situation when mentally disordered person has
committed criminal or illegal offence and this area provide law and regulations about how they
should be treated. This act also outline power of courts to order hospitals admission or
guardianship (Griffith, 2020). This area of act also outline power and duties of hospital and legal
authorities or courts regarding people who have mental disorders and are related to criminal
proceedings and are under sentence. This is very important because cause of such people being
related to criminal proceedings can be very complicated because they are not committing
criminal offence in sound mental condition.
Consent to Treatment -
A person with sound mind can determine whether they want to take treatment or not but
when a person who is not capable of making decisions regarding their treatment it is very
important to have clear grounds on the basis of which treatment related decisions can be taken
for them (Rooney and Dray, 2019). This is why this area of act is very important because this
area outlines what are conditions when patient requires consent or second opinion for treatment.
In addition to this, it also outlines other conditions for treatment and what actions are required to
be taken including urgent treatment, review of treatment.
Management of property and Affairs of Patients -
A person when is not able to manage their property and important affairs in such case this
area of act ensures safeguarding their interest (Thomas, 2020). This area of act outlines role of
judge in respect to decisions regarding property and affairs of person with mental disorders.
Body of Work
The mental health act 1983 is based on following considerations-

Community Inclusion —
This is concerned with opportunity to becoming a contributing member of community
and being valued for abilities and uniqueness regardless of disability of individual (Gooding,
2017). This act involves role of different people of community regarding protecting interest of
people with mental illness and disorders. This includes role of their relatives and other
organizations that are part of community.
Advocacy —
Advocacy is concerned with supporting and enabling people to express their views and
concerns. This is very important in context of mentally disordered people because they are not
able to understand situations and also express their views and concerns (Under pressure: how
councils are planning for future cuts, 2014). To resolve this issue Mental Health Act 1983
provides different measures and considers condition of people and on the basis of that determine
areas where they can express their views and concerns.
Value as Unique Individual —
It is very important that every individual is valued and in context of people with mental
disorders (Rooke, 2020). Mental Health Act 1983 helps them to exercise their general rights
regarding their treatment decisions and also in their property related decisions. With help of
Mental Health Act 1983 ensures that people cannot undue advantage of people with mental
disorders, and they are protected and valued as unique individuals.
Working in Partnership with Service Users —
Service users are patients or persons with mental disorders and use services that are
provided by care workers. Mental Health Act 1983 provides different measures through which
service users can collaborate with service providers (Fanning, 2018). This includes considering
their role decisions regarding their treatment however it is dependent on conditions of patient or
service users, this means that if their condition create inability for them in such situation
decisions are taken by their relatives or by service providers.
Taking Positive Risks —
This is concerned with taking risk for people with mental disorders to benefit them and
Mental Health Act 1983 provides measures in which service providers can take positive risk
(Sondhi and et.al., 2018). Part IV of act that is Consent to Treatment provide grounds for
different decisions regarding treatment of patients and when care providers can take risk.

Person-centred Care —
Person-centred care refers to care services that involves a person receiving healthcare
service by care user with dignity and respect and care users are involved in decisions regarding
their treatment (Public attitudes towards poverty, 2014). Concerned with including service users
in treatment related decisions it gets affected by their condition and their ability to participate in
decisions regarding treatment.
Impact on Social Workers
Social workers are those individuals who work for improving different areas of society
and regarding mental health, they work on improving conditions of people with mental disorders
in society. Social workers work with people and organizations to assess, resolve, prevent and
reduce impact of problems and issues that individuals with mental disorders experience. Impact
of Mental Health Act 1983 on social workers is as follows-
Social Action-
This is concerned with actions that social workers take to improve conditions of mentally
disordered people and their actions gets significantly affected by Mental Health Act 1983
(Maylea, 2017). This means that they have to ensure their activities are in accordance with
Mental Health Act, 1983, and they adhere all rules provided through Mental Health Act 1983. It
is important that when they identify limitation of the act and work on removing that for
protecting rights of care users.
Partnership Working —
Partnership working is defined as the health care organization collaborate on improving
the mental health of the workers (Johnson, J. and et.al., 2018). Working together is also a key
way of centring on prevention and early engagement which can be effective in stopping mental
health related issues increasing and can importantly change the well-being and healing of
individuals. Partnership working helps in improving the various methods and practices which are
to be initiated on new grounds. Important information related to Mental Health improves the
services which are delivered by social workers. Mental Health Act, 1983 pays attention to

partnership working and collaboration with progressive organizations which focuses on
improving the Mental Health of individuals which is on the verge of high risk in the economy.
Strengths based approach work being proactive and not reactive choice —
Social workers should focus on being proactive that is preventive towards Mental Health
conditions of people and not reactive towards their illnesses (Gillard and et.al., 2017). As Mental
Health problems have been increasing day to day, social worker's main intention should be to
remove the stigma. For this, strengths based strategies should be adopted by the social workers to
improve the conditions of people and bring them back to normal. Strengths based approach
allows practitioner's to acknowledge that every individual has unique set of strengths and
abilities to overcome problems being faced by them. Mental Health Act, 1983 focuses on
strength based approach which helps practitioners to evaluate the Mental condition of people.
Advocacy —
Advocacy is concerned with supporting and enabling people to express their views and
concerns (Rose and et.al., 2019). This is very important in context of mentally disordered people
because they are not able to understand situations and also express their views and concerns. To
resolve this issue Mental Health Act, 1983 provides different measures and considers condition
of people and on the basis of that determine areas where they can express their views and
concerns.
Impact on Service Users
A service user is defined as a person who is accessing or who has accessed inpatient
mental health care services. Metal health act impacts the service users in the following areas:
Co — Production —
Co — production is the process of connecting people and communication. Co-production
in mental health is the attitudes of care professionals to co-produce (Ehrlich and et.al., 2019).
Through co — production recovery practices in Mental Health can be done speedily when the
communication is effective in providing medication to people (Living Standards 2017: the past,
present and possible future of UK incomes, 2017). Sometimes, due to lack of knowledge in
delivering the services to Mental Health patients, service users find difficulty in accessing
medication facilities for improving their health. Mental Health Act, 1983 has focused on Co —

Production which has become an important source from which information regarding Mental
Health can be incurred.
Community Presence —
Community presence impacts service users in acquiring Mental Health services.
Viewpoint of community towards Mental Health is ascertained as that they believe that service
users are in requirement of more help and awareness is necessary towards Mental Health.
Services users are to be provided with better health conditions in the community and measures
should be taken when people are in need (Solarsh and et.al., 2017). Mental Health has largely
impacted the whole population and this it has become the main concern for the community as
well as for the service users who are being availed the medication for improving their Mental
Health. Mental Health Act, 1983 should focus on what are the requirements of service users in
the community.
Covid — 19 and Austerity —
Due to Covid — 19, service users have been greatly impacted in Mental Health sector.
Individuals in this pandemic situation have come across their mental condition and have faced
various mental health issues. People came across many Mental health issues and problems such
as dealing with stress, depression, anxiety (Johnson and et.al., 2021). These illnesses have also
affected their physical health. Austerity has widened existing inequalities and has driven 14
million people into poverty in UK. Income inequality among individuals has increased the case
of poor mental health and has led to disorders. Austerity is one of them. Due to covid — 19
people have lost their jobs and the other half of the population is still unemployed. This has led
to increase in number of cases in Mental Health. Due to lock down conditions, people are
worried about their income source resulting in poor and ill Mental Health. Therefore, these
aspects have impacted the services users in availing the Mental Health Care facilities. Mental
Health Act, 1983 should engage in activities that promote more Mental Health care for service
users such that they feel encouraged and motivated to improve their mental conditions.
Community Inclusion —
Community inclusion is not just important for well-being but also is human right. People
affected by mental health issues are still excluded from society (Knaak and et.al., 2017).
Community inclusion refers to the acceptance behaviour of the community towards ill or Mental
Health patients who need care. The respect for service users has degraded as the community

comes to know about their Mental Health problems. This has become a big issue for both the
service users and the community who have yet not accepted Mentally ill people within different
communities to which they belong. Mental Health Act, 1983 should focus generating measures
and practices which helps in improving Mental Health conditions of people. Acceptance of ill
Mental Health in the community should be engaged more so that people are aware of the issues
and problems that are being faced in maintaining Mental Health.
Education —
Education impacts service users on Mental Health. Education regarding Mental Health
impacts the service users in many ways. People should be provided training and education for
Mental Health. As this is an important issue nowadays therefore focus should be laid on how to
educate people and specially service users who are in process of improving their health
conditions. Along with education, training should be provided to individuals on how to engage
themselves in extra-curricular and creative activities. Mental Health Act, 1983 provides
education regarding Mental Health which concerns important aspects to which Mental conditions
and care should be practised.
CONCLUSION
Thus, it can be concluded from the above report that Mental Health Act, 1983 legislations
and policies proved to be of importance in the field of improving Mental Health of the economy.
Historical context of Mental Health Act, 1983 was elaborated by using the aspects like
compulsory admission to hospital and guardianship, patients concerned in criminal proceedings
or under sentence, consent to treatment, management of property and affairs of patients. Further
body of work of Mental Health Act, 1983 was explained which included community inclusion,
advocacy, value of unique individual, work in partnership with service users, taking positive
risks, person — centred care. Along with this, impact of social action, partnership working,
strength based approach for being proactive on social workers was explained in detail under
Mental Health Act, 1983. Impact of Co — production, community presence, covid -19 and
austerity, community inclusion and education on service users was assesses regarding Mental
Health Act, 1983. Therefore, these aspects explained in what areas Mental Health is necessary
and what are the significant factors which were paid attention to.

REFERENCES
Books and Journals
Ehrlich, C. and et.al., 2019. What happens when peer support workers are introduced as
members of community-based clinical mental health service delivery teams: a qualitative
study.Journal of interprofessional care.
Fanning, J., 2018.New Medicalism and the Mental Health Act. Bloomsbury Publishing.
Gillard, S. and et.al., 2017. Describing a principles-based approach to developing and evaluating
peer worker roles as peer support moves into mainstream mental health services. Mental
Health and Social Inclusion.
Gooding, P., 2017.A new era for mental health law and policy: supported decision-making and
the UN Convention on the Rights of Persons with Disabilities. Cambridge University
Press.
Griffith, R., 2020. Holding powers in hospitals under the Mental Health Act 1983.British
Journal of Nursing.29(13). pp.794-795.
Johnson, J. and et.al., 2018. Mental healthcare staff well‐being and burnout: A narrative review
of trends, causes, implications, and recommendations for future interventions.
International journal of mental health nursing.27(1).pp.20-32.
Johnson, S. and et.al., 2021. Impact on mental health care and on mental health service users of
the COVID-19 pandemic: a mixed methods survey of UK mental health care staff. Social
psychiatry and psychiatric epidemiology.56(1).pp.25-37.
Knaak, S. and et.al., 2017, March. Mental illness-related stigma in healthcare: Barriers to access
and care and evidence-based solutions. In Healthcare management forum (Vol. 30, No. 2,
pp. 111-116). Sage CA: Los Angeles, CA: SAGE Publications.
Maylea, C.H., 2017. A rejection of involuntary treatment in mental health social work.Ethics and
Social Welfare.11(4). pp.336-352.
Rooke, R., 2020. Facilitating the ‘Least Restrictive Option and Maximising Independence’under
Section 115 Mental Health Act 1983.Practice.32(4). pp.269-283.
Rooney, Z. and Dray, R., 2019. I was Detained under the Mental Health Act.A Guide to
Statutory Social Work Interventions: The Lived Experience, p.172.
Rose, D. and et.al., 2019. Power, privilege and knowledge: The untenable promise of co-
production in mental “health”. Frontiers in Sociology.4.p.57.
Solarsh, B. and et.al., 2017. Developing communication access standards to maximize
community inclusion for people with communication support needs.Topics in Language
Disorders.37(1).pp.52-66.
Sondhi, A and et.al., 2018. Patient perspectives of being detained under section 136 of the
Mental Health Act: Findings from a qualitative study in London.Medicine, Science and
the Law.58(3). pp.159-167.
Thomas, A., 2020. Examining the relationship between policing and section 136 of the Mental
Health Act 1983.Policing and Mental Health: Theory, Policy and Practice.
Vicary, S., Young, A. and Hicks, S., 2019. ‘Role Over’or Roll Over? Dirty Work, Shift and
Mental Health Act Assessments.The British Journal of Social Work.49(8).pp.2187-
2206.
Online
Annual fuel poverty statistics report: 2016. [Online]. Available Through: <
https://www.gov.uk/government/statistics/annual-fuel-poverty-statistics-report-2016>.

Living Standards 2017: the past, present and possible future of UK incomes. 2017. [Online].
Available Through: <https://www.resolutionfoundation.org/publications/living-
standards-2017-the-past-present-and-possible-future-of-uk-incomes/#:~:text=Inequality
%20%26%20poverty-,Living%20Standards%202017%3A%20the%20past%2C
%20present%20and,possible%20future%20of%20UK%20incomes&text=This%20is
%20the%20Resolution%20Foundation's,report%20on%20UK%20living
%20standards.&text=We%20estimate%20that%20income%20growth,higher%20than
%20the%20year%20before>.
Public attitudes towards poverty. 2014. [Online]. Available Through:
<https://www.jrf.org.uk/report/public-attitudes-towards-poverty>.
Under pressure: how councils are planning for future cuts. 2014. [Online]. Available Through:
<https://www.bl.uk/collection-items/under-pressure-how-councils-are-planning-for-
future-cuts#>.
Walking the Breadline: The scandal of food poverty in 21st-century Britain.
2020. [Online]. Available Through:
<https://policy-practice.oxfam.org/resources/walking-the-breadline-the-scandal-of-food-
poverty-in-21st-century-britain-292978/>.