Case Study Analysis: The Role of Law and Policy in Mental Health

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Case Study
AI Summary
This case study delves into the complexities of mental health within the Davis family, who have been known to Children's Services for 16 years. It highlights Sally's history, including her parents' death due to drug and alcohol overdose, her current living situation with her grandmother Janet, and her own physical and mental health challenges. The analysis focuses on how a social worker would apply relevant laws and policies, such as the Mental Health Act 1983 and the Domestic Abuse Act 2021, to inform their involvement. The study discusses key legislations, relevant cases, and the responsibilities of a social worker in mental health, emphasizing the importance of community care, communication, and safeguarding individual rights. It also touches upon the role of local authorities and the NHS in providing mental health services, ultimately recommending a holistic approach to address the family's multifaceted needs.
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MENTAL ILLNESS CASE
STUDY
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INTRODUCTION 2
MAIN BODY..........................2
Critically discuss how a social worker would draw upon law and policy to inform their
involvement.................................................................................................................................2
Mental health basic definition.....................................................................................................2
Legislations to be applied within the case scenario.....................................................................3
Relevant cases..............................................................................................................................5
Local authority.............................................................................................................................6
Social worker and mental health..................................................................................................6
Responsibilities of a Social Worker............................................................................................8
Recommendation.........................................................................................................................9
CONCLUSION......................9
REFRENCES.......................10
CONCLUSION....................12
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INTRODUCTION
The case study which has been discussed in the assignment is based Davis family known
to Children's Services for 16 years. Sally was working as protection register and spent periods in
care over early years. Also here mother father has died due to drug and alcohol overdose. Now
Sally is living with grandmother Janet and suffers from physically disable with back problems
and experiences depression from time to time. Further, social worker related to children and
families receives call from person working on gas board explaining about the condition of family
with mental atrocities that has been faced by family. This leads towards making mental health to
be an important discussion in perspective of given case study. Also various laws formed for
mental health is discussed with social workers involvement within it.
MAIN BODY
Critically discuss how a social worker would draw upon law
and policy to inform their involvement
The case scenario shows that Sally's family was involved within the Children's Service
for 16 till her mother and father died due to alcohol overdose and she has been living with her
grandmother Janet. Also Sally is physically disabled and have back problems with depression.
An social worker has been approaching by gas board person who has visited there house for
fitting prepayment meter (Serour and Serour, 2017). This made an urgent visit done by social
workers and family support over the visit he has has marked out that Sally is pregnant again and
met new partner Colin with history of mental health difficulties. Further, it has been marked out
that condition of house is not good and Jade her grandmother is also not in good condition. The
health visitor observed that Sally and Stephen has been consuming alcohol and every time which
made bruise caused over face of Jade. During the observation another referral has come form
police attending flat last night and recorder “Domestic violence”. Sally has told that Colin was
no longer living but has been coming to visit Jade. As Sally was thinking for patch up but after
an argument Stephen become aggressive again and hit her. Now Sally is six months pregnant and
struggling to cope with Jade within the flat.
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Mental health basic definition
Mental health is based over emotional, physiological and social well being of an individual.
These effects upon feeling and acting over helping and determining about stress management
and various other factors determining about mental illness. This makes mental capacity increased
in every stage of human life. It has been found that in UK mental illness has been increasing and
various issues due to mental illness has raised. In order to deal with mental illness various
legislations has been formed which are explained as follows:
Legislations to be applied within the case scenario
Mental Health Act 1959
This is an act has been formed with an objective of abolishing distinction between
psychiatric hospitals and other hospitals with mental patients and see them treated by community
care. Also the act defines about mental disorder for first time which made mental illness to be
recognized more effectively (Schönberger, 2019). The act has marked out three main points
given as follows:
Treatment should be voluntary and informal
In case of medical decision legal formalities should be fulfilled for medical decision
The treatment should be conducted by institutional care within the community.
Mental Capacity act 2005
The act is applicable to every individual in UK over treatment and support of people who
have attained age of 16 and above. Also to those people who are unable to take decision for
themselves. This piece of legislation has been design to protect and restore power vulnerable
people lacking mental capacity. Further, the act has ensured over making decision within the
interest of mentally suffering person. There are five main principles present within the act as
follows:
It has been observed that an person is able to take decision until it is proved that they lack
mental capacity.
Everything should be tried for supporting person with mental instability to take decisions
by themselves.
It is not acceptable within the act that an person is not capable of taking decision that is
right for another person.
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The decision made for someone having mental instability should be serving best interest
for a person.
Any decisions, treatment or care for someone who lacks capacity must always follow the
path that is the least restrictive of their basic rights and freedoms.
The Mental Capacity act Code of practices includes four major perspective which makes
decisions that are Providing relevant information within which person having relevant
information requires to take decision if they have choice upon performing such aspect or not.
Communication should be done in effective way which makes information send more effectively
and understand about problem in more effective manner. All kinds of methods should be used for
making communication done more effectively as it leads upon making correct decision. The
decision should be communicated to any known relative of person suffering from mental illness.
Thus communication is an important tool. The person is required to be makes at ease as there are
certain times of day making person understand better about problem. They are required to take
mental persons to place where comfort is achieved by them making calm and relax. Through this
observation can be done over decision making capacity of particular person.
Mental Health Act 1983
This act covers about reception, care and treatment of the people suffering from mental
disorder. In the act management of property and other related matters are deal within the act. The
mental health law has been providing legislation making people diagnose with mental disorder
that has been detained in hospital treated against wishes (Klugman and et. al., 2018). Further, in
the there has been review done over hospitals by Care Quality Commission. The act was
amended by Mental Health Act 2007. A white paper proposing changes to the act was published.
Also the act has developed provisions in relation to mental disorder. It has been formed in order
to deal with mental health conditions which could exists. The act has leads upon making NHS
understand about mental health and its various aspects.
Mental Health Act 1983 (MHA) Code of Practice 2017
This code is applicable over any decision making which is done regarding support over
treatment that has been provided within MHA act. The code defines about new guidance in code
which has safeguarded the liberty of mental people. Also the code has made sure that all other
legislations regarding the mental illness is applied as per nature of illness. The Code includes
five new overarching principles: least restrictive option and maximising independence;
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empowerment and involvement; respect and dignity; purpose and effectiveness; efficiency and
equity.
Domestic Abuse Act 2021
The act has been formed in United Kingdom as per the Istanbul Convention. There were
problems that calls over tackling domestic violence within United Kingdom and has been
referring this to serious issue (de los Reyes Jr and et. al, 2017). The act has been made over
intending to make domestic abuse within UK helping to address act protection of victims related
to domestic violence. This legislation has define about domestic violence as an attack against
someone by another person with whom that and they are presently been in domestic relationship.
This provides protection to victims of domestic violence to punish such crimes. This act has
proven to be more effective in nature helping in dealing with various aspects of domestic
violence.
Human Rights Act 1998
The act has been passed in order to protect basic rights of an individual which is provided
universally to them. Further it is based over rights in UK courts and compels public
organisations, including the Government, police and local councils, to treat everyone equally,
with fairness, dignity and respect. This is an important act which has made citizens of United
Kingdom protected more effectively.
Relevant cases
Regina v Managers of South Western Hospital and Another
In this case patent has been detained over application of AMHP which has been
acknowledge within pursuance of section 11(4) the AMHP has been consulted with patients
mother as her nearest relative. The patient's mother was not an ordinary resident of UK and
according to the definition of 'nearest relative' the AMHP ought over consulting patient's uncle. It
was found with capacity of nearest relative it has been observed that neither patient's mother not
the patient's uncle objected over her admission. It was held by the court that AMHP has been
unwillingly acting outside act in this application has been renewed detention over patient within
section3 over proper despite of recent tribunal ruling that patient should be released. The social
worker has duty within act over admiring patient in a way that circumstances are applied within
act. As per the application requires to make judicial review rather than taking habeas corpus
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‘there is no sense in which those concerned in a section 3 application are at any stage bound by
an earlier tribunal decision.
Local authority
NHS Barnet modified into the statutory NHS body liable for improving the health of the
resident population within the London Borough of Barnet. It commissioned services for the
second largest London borough, every in terms of geographical duration and population. Barnet
Primary Care Trust modified into set up on 1 April 2001, taking over abilities previously
undertaken via the previous Barnet Primary Care Groups and Barnet Health Authority. The Trust
moreover assumed responsibility for the community services previously furnished via Barnet
Healthcare NHS Trust. In May 2009 Barnet Primary Care Trust modified into renamed NHS
Barnet in keeping with a country wide flow into to create a ‘one-stop’ contact for all NHS
services for patients. In legal terms the employer remained Barnet Primary Care Trust. On 1
April 2010 it modified into brought that Barnet Community Services, the organization arm of the
Trust may be moved to the Central London Community Healthcare Trust (Brenkert, 2019). NHS
Barnet modified into liable for coping with the community health system, for developing
services and for making financial investments. NHS Barnet commissioned services from GPs,
dentists, optometrists, community pharmacists, private businesses, voluntary sector, acute
hospitals and highbrow health trusts. Together, NHS Barnet and its commissioned businesses
furnished some of services at health centres and clinics all through the Borough and at the Trust's
essential community hospitals. NHS Barnet held an annual price range of approximately £500
million. Approximately half of modified into spent on acute care commissioning. Following an
inspection via the Care Quality Commission in 2015, Barnet, Enfield and Haringey Mental
Health Trust obtained an standard rating of ‘requires improvement’. In October 2016, a draft
Sustainability and Transformation Plan (STP) modified into submitted to NHS England via the
NHS in North Central London providing adjustments and improvements to their future services.
Social worker and mental health
The role of social worker within mental health established within the history of United
Kingdom for providing services in more effective way to mental patients. In the beginning
primary mental health carte was institutional based. Then more emphasis related to community
care. These changes brought social workers and changes with role of social work developing
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upon providing social supervising to people suffering from mental illness helping in curing them
with better environment provided such patience. It has brought changes within role of social
work develop upon providing social assistance making health improved more effectively. It has
helped in improving mental treatment policies and mental illness policies with the approach of
social worker. The field of mental health has provided unique opportunity for social workers
over practising in collaborative manner. This has lead towards maintaining integrity based over
knowledge and skill. The current role of social workers increased due to mental illness making
services in relation to mental illness enhanced effectively. Social workers has played important
role upon making sure that mental illness and people suffering from gets proper support in more
effective manner. Prevention the aim of reducing the incidence in relation to disease of
dysfunction in population over modifying stressful environment which has improved the ability
of an individual for coping up with an person. Prevention involves promotion and maintenance
of good health through education, attention over adequate standards for basic needs with specific
protection against risk known. In mental health settings preventive activities has included public
and client education in relation over emotional self care and healthy relationship, making
community with appropriate knowledge and skill which makes social action taken by social
workers with legal assistance if required. Treatment the main aim is to reduce upon prevailing
and disordering of mental illness. Social workers in this make intervention and treatment done
with more effectiveness. As per the condition of mental illness social workers arrange special
medical camps to identify risk included within it( Aydin, 2020).
This makes acute psychiatric symptoms, emotional trauma, relationship problems, stress,
distress or crisis and includes assessment, risk management, individual, couple, family and group
counselling, intervention or therapy and advocacy. Social workers tend to use relationship of an
individual to get idea about mental illness. Thus they are able to make better an effective
decision within the interest of an individual. Rehabilitation it aims over reducing the effects of
mental disorder and illness ensuring upon maximizing capacities of an individual. In the
perspectives social worker provides re-training and rehabilitation activities which makes mental
disorder to be reduced by an individual. In rehabilitation activities society is focused upon
developing capacity of an individual suffering from mental health. This makes rehabilitation
activities focus upon mental illness included upon building knowledge about community and its
various perspectives which makes development possible more effectively. Social worker has
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opened there own rehabilitation centres treating mental patient in more effective way. It has
helped in specializing over core problems related to mental illness it has been ensuring over
improving knowledge and skills to be needed upon changing attitudes within an organization.
The current role that is based over developing social worker within the field of mental health.
Social work has distinguished history over services to persons with mental disorder and families.
The social workers makes development possible over making strong development done with
various kinds of aspects related to mental health. Also, social workers and health workers
together work in order to make development done over sealing with mental illness.
Clinically trained social workers is nation's largest group of mental health making
services provided. Social workers has helped in making core development possible in relation
over mental health and its development. They are able to study about psychological and
psychiatric making nurses with other medical staff trained in more effective manner. This is an
effective perspectives which makes social worker attain certain responsibility towards mental
illness.
Responsibilities of a Social Worker
There are various kinds of responsibility which is attained by social worker in relation to
mental mental illness patient which has been explained as follows:
Assess Client
This is an important responsibility which is based upon making analysis about the
problems that has been faced by person suffering form mental illness (Reifner, 2019). It is one of
the most important responsibilities which is used for analysing about problem more effectively.
Create and Implement Treatment Plan
This is an important perspective which is used by social workers to develop proper plan
and strategy which helps in making mental illness to be treated more effectively. This helps
social worker to develop decision making within mentally ill person or an individual.
Secure and Refer Needed Resources
This responsibility helps in developing understanding about needs of mentally ill person
by an social worker. Also it enhances healthy facilities and medical assistance to be provided to
the person suffering from mental illness.
Evaluate and Monitor Improvement
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As per the responsibility social worker is require to analyse all every movement of
mentally ill person on daily basis. It makes mental health to be improved more effectively.
Serve as a Client’s Advocate
Social workers hold responsibility for providing legal assistance to mentally ill person in
order to protect his property. Social worker acts as an advocate by making court understand
about sensitivity of mental illness.
Recommendation
It can be marked with the help of case scenario that Sally and Jade has been suffering
from mental illness like depression and anxiety which is caused due to physiological effect of
environment over our minds (Coppersmith and et. al., 2017). Thus they are required to be
provided with health assistance immediately as they can be recovered. Also Social worker should
make sure that there property is protect in legal manner. As per the scenario social workers
should follow all responsibility discussed above and must seeking towards improving there
environment which makes them feel more good and positive. In order to do so social worker
must use Mental Capacity act 2005 and Mental Health Act 1983.
CONCLUSION
From this discussion it can be marked out that mental illness is a serious issue that has
been rising within modern world. In order to deal with such issues various legislation has been
developed. Social workers has played important role in making sure that mentally ill persons and
individual are protected. Also they have helps in improving treatment facilities by providing
them shelter and community homes with rehabilitation facility. Thus the case scenario is an
perfect example about social workers involvement for treating mentally ill person.
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REFRENCES
Books and Journals
Asad, T., 2020. 7 Reconfigurations of Law and Ethics in Colonial Egypt. In Formations of the
Secular (pp. 205-256). Stanford University Press.
Siau, K. and Wang, W., 2020. Artificial intelligence (AI) ethics: ethics of AI and ethical AI.
Journal of Database Management (JDM), 31(2), pp.74-87.
Serour, G.I. and Serour, A.G., 2017. Ethical issues in infertility. Best practice & research
Clinical obstetrics & gynaecology, 43, pp.21-31.
Schönberger, D., 2019. Artificial intelligence in healthcare: a critical analysis of the legal and
ethical implications. International Journal of Law and Information Technology, 27(2),
pp.171-203.
Klugman, C.M and et. al., 2018. The ethics of smart pills and self-acting devices: Autonomy,
truth-telling, and trust at the dawn of digital medicine. The American Journal of
Bioethics. 18(9). pp.38-47.
de los Reyes Jr, G and et. al, 2017. Beyond the “Win-Win” creating shared value requires ethical
frameworks. California Management Review. 59(2). pp.142-167.
Brenkert, G.G., 2019. Mind the gap! The challenges and limits of (Global) business ethics.
Journal of Business Ethics, 155(4), pp.917-930.
Aydin, N., 2020. Paradigmatic foundation and moral axioms of ihsan ethics in Islamic
economics and business. Journal of Islamic Accounting and Business Research.
Reifner, U., 2019. Social Banking and New Poverty-Towards a New Approach in Law and
Economics. In Banking for People (pp. 23-42). De Gruyter.
Coppersmith, G and et. al., 2017, February. Scalable mental health analysis in the clinical
whitespace via natural language processing. In 2017 IEEE EMBS International
Conference on Biomedical & Health Informatics (BHI) (pp. 393-396). IEEE.
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