Mental Health Law of 2007 - Essay Example

Prof. Topic: Are the rights of the mentally ill adequately protected by current mental health law? Mental Health Lawof 2007 is Britain’s mental health care policy which regulates the institutions and persons who are mentally and emotionally challenged after failing to exercise resiliency and adaptability to hierarchy of demands. International organizations, like World Health Organization (WHO) and Global Mental Health refer to mental health as a psychological condition where persons are exhausting their potentials to become productive individuals of the nation. This essay aims to evaluate whether or not the Mental Health Law of 2007 (MHL, 2007) amply protects the rights of mentally-ill person in Britain. The Law’s feature Mental Health Law of 2007 amended the MHL 1983, the Domestic Violence, Crime and Victims Act 2004 and the Mental Capacity Act 2005. The amendments introduced major changes relating to the intervention, treatment of patient, and technical definitions, and some ethical considerations e.g. undergoing treatment without the patient’s consent (MHL, 2011; Department of Health and Ministry of Justice, 2011). Other crucial changes in the provisions broaden the professional roles of medical practitioners and other attendants, as well as, accord the patient’s family to seek legal remedies based on just cause (The National Archives, 2011). The law also introduced supervised community treatment (SCT), some safeguards which include age-segregation of patient to favor mentally-challenged youths and children to ascertain that they’d not be integrated in an environment which could deteriorate or aggravate their condition (MHL, 2011; DoH & MoJ, 2011). The amended law also empowered the national government to assume accountability to assist initiatives for independent mental health advocacy (MHL, 2011; DoH & MoJ, 2011). Moreover, the law accord legal remedies under Domestic Violence Crime and Victims Act 2004 for mentally-ill patients undergoing supervised community treatment, hence will also enhance some professional responsibilities to mental institution’s managers, clinicians, licensed mental health professionals, and to organizations who are financially assisting patients’ treatment in independent sector (MHL, 2011; DoH & MoJ, 2011). Such meant that those who are severely victimized by sexual assaults and violence which has consequential negative or adverse psychological impacts (MHL, 2011; DoH & MoJ, 2011). MHL of 2007 likewise provided the victim such right to be inform about patients’ discharged and it’s anent right for representation. Law not enough? While the amendment have successfully improved the mental health protection services for the patients by vesting more accountability for all medical professionals, but most of these are policy-based which pressed for mandatory roles of medical practitioners in providing appropriate care and services to clients, as well as, some procedural mechanisms that are supposedly inherent in the medical practice. Such simply focused on escalating performance management in mental health facilities and about administering support service for the patients. The larger issue of mental health care is basically improving resource allocation to improve the facilities to meet the goals of better mental health care in these utilities’ operation in response to the problems on mental disorders in all social strata, especially those underprivileged to access these health facilities. While there is effort to improve the intervention on neurological disorders, there remained a challenge about how to increase the services to treat schizophrenia, epilepsy, chronic depression amid scarcity of resources. Such must also facilitate increase research studies on causes of mental disorder that are socially-created which result to mental distress and insanity. These studies must aim to address decrease of disorder prevalence. Thus, it is understandable that authorities should be translating these policies into concrete agenda with blueprint of actions. Responsibilities should, likewise, not only focused on generating more private institutions that are establishing new independent facilities, but government must likewise do the same albeit struggle to strike a balance between service and cost-efficiency. Focusing on prevention Nurturing a cost-efficient service in health care mandates that government and institutions should focus on prevention. Research should be escalated too to a level that will determine causes of mental disorders. Such meant that there ought to be substantial studies that will focus about how violence in workplaces, at homes, in war zones and in cases where persons are extremely immersed to depressing situation. Sociologists posit that violent and traumatic incidences could uncontrollably impose neurological disorders. At such context, programs on mental health care should also be integrated in other social work advocacies; in decision-makings relating to conflict situation; in family management and in social relations; in security response management, and in nurturing an egalitarian community that is free of violent structures. Education should also be enhanced by instilling value system within the family and of the community to lessen depression that could potentially cause mental disability. Peaceful and communities with better social cohesion lessen mental pressures and conflict situations. Families, communities and societies, who are working for better relations and scaling cohesiveness, are directly nurturing a protective environment for youths and children from risks and violence. Information and education campaign on community peace-building, improving family life and relations, resolving peacefully conflict situations, and improving community services for better resiliency can pricelessly develop inner and community peace. These can be done while mental health utilities will be focusing on conditions that require serious attention, e.g. epilepsy, dementias, Alzheimer, multiple sclerosis, Parkinson’s disease, hyperkinetic disorders, mental stroke, and brain injury (WHO, 2011, p 1). This way, both the state and the government agency are able to manage this problem with cost-efficiency by using strategies that will decrease problems on neurological disorders impact to public health. Such cost-effective measures can also help authorities allocate resources for studies and in developing a database of epidemiological information; records of evaluations on neurological resources; data on the impediments for quality mental health care delivery; records of human resources; estimates of health needs and cost; performance appraisals and services; and other studies needed to mitigate risk and prevent neurological disorders. State authorities must likewise allocate resources to improve the capacities of human resources through continuing education and training of health care workers for patients with neurological disorders. Cross collaboration of all government agencies and offices are also essential to nurture shared goals toward healthy nation. Such way specific strategies can be integrated by these institutions. Economy of Mental Health Care Studies pointed that governments must seriously allocate resources for improved facilities of mental health utilities, health services and support for patients. (O'Donnell, Maynard & Wright, 1988; Association of Public Health Observatories, 2007). Policies crafted by legislators can only be effective if all legal stipulation are realized or are actualized. In England for instance, statistics showed that in 2010, there are 189,123 medical professionals providing mental health care and supports, of which an estimate of 157,323 staff are considered specialized. Most of them are working for mentally-challenged adults and about 7% of them are assisting children and adolescent services (O'Donnell, Maynard &Wright, 1988). Reports mentioned that there are only few medical professionals specializing for primary care which is fundamental in providing psychological therapy (Smithies, 2010; Barnes, Hall, & Evans, 2008). Statistics of workers doing general practice but are supportive of primary care level psychological therapy is not yet determined; although recent research pointed that there were 265 psychological therapy services in England (Barnes,Parker, Wistow, Dean, & Thomson, 2007). Given all these statistics or workers, there ought to have comprehensive information about how the mental health budget is appropriated and spent on mental health services (Boardman, Henshaw, & Willmott, 2004). Recent data of the Department of Health expenditure and of NHS pointed that there is about ?14.60b average expenses annually covering: ?2.12b of GP services, ?9.13b other services, and ?3.35b for health-related social services (Smithies, 2010. But all these are challenged too with the ongoing financial reform of the country and with proposed changes that will be instituted in UK’s health system. Estimation also bared that about 30% of GP services cost is attributed to mental health problems, hence, if in GP allocation in 2006/07 was ?7.26b, then ?2.12b could have been used for mental-health services of the Department of Health. More information bared that mental health needs for adults in 2006/cost ?0.99b, part of which are used for care management, residential care, and non-residential care (Frank & McGuire, 2000; General Accounting Office; 2000). There are also cost allocated for children and youths. But generally, government is likewise challenged about mental health care . As figured, the accrued expenses for health care are wider than this estimation because data exclude statistics on the cost of the loss about sufferers’ quality of life for sufferers and the cost of unpaid care givers (Beecham, Knapp, Fernandez, Huxley, Mangalore, McCrone, Snell, Winter, & Wittenberg, 2008). Therefore, there remained statistical ambiguities on this aspect. Conclusion Laws, promulgated and amended, are only there to function and provide legal effects to the mandates of mental health facilities and of medical professional services (DH, 2002). These are stipulation that needs to be actualized, to be acted, and to be enforced. Such enforcement implies structural changes, escalation of performance, improving health care services, capacitating human resources to hone their expertise (Boardman & Parsonage, 2007) and responsiveness and to nurture a community that would support healthy people and lifestyle. It’s indeed costly. But there are other measures where people would likely not experience chronic mental illness. Developing better lifestyle and peaceful living could help nurture peoples’ resiliency in their mental and emotional health. Such way, there is an imperative to nurture an environment where people can agree to value contentment; to enjoy natural zestful life; to cope with stress; regain balance from adversity; of finding purposiveness and better relationship. Society’s institution concern on better mental health should also help communities adapt to changes and to use peaceful frameworks that could aid maintain fulfilling relationships (Frank, Goldman, and McGuire, 2001). Such way, in people-helping-people processes, they are able to a develop self-confidence and high self-esteem to a number of persons. Experts believed that optimistic attitude permeates better emotional health to make people participate with their utmost potential on productive, meaningful or purposiveness activities for better relations. Optimisms coupled with principle centered lifestyle also help you cope when faced with life's challenges and stresses. References Department of Health and Ministry of Justice. Mental Health Act 2007. 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Accessed: September 2, 2011 World Health Organization. Neurology and Public Health. http://www.who.int/mental_health/neurology/en/ Accessed: September 2, 2011 Read More