The legislation and codes of practice relating to mental health and capacity serve an essential purpose by establishing core principles that guide professional practice in mental healthcare, often discussed in academic contexts with support from Online Assignment Help UK. These frameworks set standards that direct decision-making and safeguard patient rights. The Mental Capacity Act 2005 aims to support lawful decision-making by presuming individuals have capacity and providing assistance where needed (SCIE, 2020). In contrast, the Mental Health Act 1983 focuses on ensuring patients receive appropriate treatment for mental illness while upholding equality, autonomy, and fairness in diagnosis. Together, these laws interact to protect individuals who may lack decision-making capacity, ensuring ethical treatment and promoting overall mental well-being.
There are various factors that impact the individual’s ability to make the decisions. Mental state influences in a way where the person is not in the right mind can lack the proper understanding to make the decisions (Mullen et al, 2022). There can be external force that control the person in choosing what can be right. There can be the effect of the environment that can interrupt the individual in expressing himself in an open way. Age can be another factor that can hinders the decision making based on the free will of the concerned. It can cause issue in the process as the concerned is unable to make conclusion without the help of the guardians. Due to the interruptions in the environment and external noises there can be miscommunication of the thoughts and hinders the ability to express with real intentions. For example, the patient has represented the concerns and shared the opinions but due to the outside noises the message delivered was misunderstood and as a result the patient did not shared the consent.
Mental capacity means the individual ability to make the decisions and consent refers to the agreement to a proposal. Choice is the availability of the alternative from which the concerned can make the preference (Paradis‐Gagné et al, 2021). Safety ensures that the decision made by the person leads to the positive outcomes. Through the mental capacity the person can choose from the options available to them and make agreement based on analysing the desirable future result that can benefit the person. If the person is provided with the right to have different alternatives the person can analyse the safety on it and choose to agree on the alternative that feels favourable to them. For example, a patient has to decide the treatment and has given to choose whether to get the treatment in the hospital or stay home. The health care practitioner advices him to get the diagnosis in the hospital for fast recovery. But this contradicts with the choice of patient as he is interested in staying at home for getting treatment. In this case, the decision making can be interrupted and shows the interrelation of these factors.
Valid consent refers to the individual’s agreeing on giving up the consent in order to get something which is beneficial for them (World Health Organization, 2021). It takes the right of the person where the person choose to get the benefit over the privacy. It requires the disclosure of the terms and conditions in front of the concerned. This shows that the person is willingly making the choice without the external forces influence. In case, the person is not provided with the full information, it cannot be considered to be a valid consent. For example, the person is suffering from an illness and the doctor cannot start the medication without discussing the whole things with them. The care seeker must be aware of the risk and procedure to be followed then only it will be considered to the valid consent of the patient.
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The nurse plays a crucial role and holds responsibilities in the practice of these principles in the care setting. In the process of making the decisions a clinical worker can support the individuals in making the choice based on their wish by assuming that the concerned have the capacity to decide. The nurse can play the role by providing them with the required guidance in the process. In relation to legalisation and code of conduct, it is essential to adhere to the compliances when providing care to the people. For example, on the basis of Mental Health Act 1983, medical staff can contribute to the wellbeing of the people by supporting them in their right to receive the treatment. The practices are undertaken based on the guideline of the laws (Johnson et al, 2022). The role in upholding the individual right played by the clinical workers includes the maintaining the privacy of the patient. This involves keeping the patient’s medical records safe and secure reflects the right to privacy to the person.
It is considered essential to establish the individual consent when providing the care and support to the person. It ensures that the autonomy of the care seeker is maintained through providing the respect and dignity which shows the fulfillment of the right of the individual. This is also effective in following the compliances in the care service and fulfils the legal requirements. The establishment of the individual consent can avoid the concern related to the risk and prevent any harm (Gooding et al, 2022). This is more focused on providing the person-centred approach by involving the person’s opinion in the care process which helps improve the trust of the patient. For example, the establishment of the consent focuses on the involvement of the patient in the decision making which can be essential for the faith in the care seeker. When the person is engaged in the treatment it increases the chance of person reacting to the medication and results in the fast recovery.
Personal values and attitude can influence the perception of situation and of individual’s capacity. These are affected by the person’s beliefs, background, culture and environment in which the person lives. The different people forms different opinion on the same situation (World Health Organization, 2021). For example, if someone values the kindness and community support then it may view the situation of mental care as support. On the other hand, if another believes in the independency then it may see this as negative situation. The attitude can have impact on the individual capacity based on the thoughts and beliefs. For example, if someone sees the condition of mental illness as negative and would judge it as the inability of the concerned. In contrast to this, a person with positive mindset may refer to this as challenge which can be overcome by the concerned. These opinions are drawn on the basis of differences in the personalities of the people.
There are strategies and skills required to maximise the individual capacity to decide. Good communication is required to provide with the details and information to the cares seekers. It helps in the clear communication process where any dilemmas and issues can be avoided for smooth flow of information. This brings clarity to the individual and help in making the decisions better. The medical professionals are needed to stay calm and empathetic to the patients (Duong et al, 2021). This improves the confidence and trust in the care seekers and make them react to the treatment better. Problem solving is effective in providing the resolutions to the patients concern. It helps in the better decision making by the concerned that bring the favourable outcomes. For example, the care seeker is facing issues in choosing the medication, the medical worker can provide the guide and assistance by resolving the concern with intelligence. In this way the clinical staff can help the individual by explaining the information through the different methods as per their convenience to optimise their ability to choose.
The assessment of the capacity is required when the individual is not in a position to make choices due to the presence of some mental illness or disorder. This can be done by keeping in view the skills for care and development assessment principles which involves the direct observation (Skills for care, 2024). Direct observation can help in measuring the changes that is occurring in the patient behaviour. For example, the nurse can check the individual ability to remember the things and if the person is showing any change based on it then there can be lost in the capacity of the concerned. Evidence based practices are necessary for the assessment of the ability of the concerned. The conclusion cannot be formed on the basis of the feelings and thoughts, instead there must be presence of the proof to support the end opinion. The nurse can work on the proofs through the documentation and maintaining the records of the patient’s behaviour from time to time.
There are few steps that can be taken if the consent is not readily established.
Restrictive practice refers to the practice which are used in the care setting to prevent the patient from doing something (Reynolds et al, 2022). This prevent the person form its freedom and ability to make decisions. It is done in order to ensure the safety of the individual which involves the use of certain actions. For example, a mentally ill person have lost the conscience of what is right and wrong for him. He has developed the habit of running at nights, so the measures are taken to prevent the person from taking these actions that are threat to the safety. The medical worker may use to tie the individual so that he may not run and fall accidently or get lost. These measures ensures that the patient safety when the concerned is not in the position to do so for himself. These are followed only as last resort when all the solutions have failed.
The restrictive practice involves the use of the restraints that can be physical, mechanical, seclusion, segregation and psychological. For example, the tie can be a physical restraint used to control the patient. Mechanical can involve the use of low voltage electric shock to control the behaviour of the patient. These can be harmful methods to use as these are threats to the safety and may impact the person mentally.
Seeking the restrictive options less is important as it is focused on maintaining the individual dignity and respect. This provides the autonomy for deciding and values the person opinion above all. Increased practice of autonomy can lead to the person’s boosted morale and confidence. This is highly effective in treating the patient and establishing the wellbeing for the same. The option to use such things that deprive the person from its freedom less also ensures the code of conduct and legislation is being followed in the care setting.
The least use of restrictive practices have great impact not only on the patient but on the others as well (Puras, 2022). It helps in the development of the person and helps in acquiring the skills that are essential for leading one’s life. It also impacts positively in improving the quality of the life of the concerned. The least adoption of these methods can also benefit in promoting the equality and fair treatment among the people.
This starts with the identification of the situation that uses the restrictive practice where the other methods can be adopted. To raise the concern the individual is required to gather all the proofs and materials to prove the situation. The evidence are crucial in this for explaining the situations with more authenticity (Singh et al, 2022). The person who raised the issue must be prepared to explain the problems and arguments on the same on the basis of data gathered for support of the arguments. The mode of communication plays essential role in delivering the problem in a better way. The means use for the purpose can be written report, official mails, etc. based on what fits the best in the medical firm. It is significant to act formal, professional and with dignity as over reaction to the concern reflect the negative image of the person. Finally, it is important to keep updated with the feedback and checking whether it got resolved or not.
Physical restraints are used to control the movement of the patient where the chemical method uses the medication for the control of the patient. Same way the seclusion and environmental restraints prevents the patient from meeting the other people and leads to the isolation of the individual. The organisation plays essential role in the policy framing regarding the use of such restrictive methods (Stuber et al, 2021). These procedure follows the documentation and assessing the situation and the risk it may involve if these methods are being adopted in the care setting. It is essential for the organisation to ensure and guide the staff to opt to these measures less. It is also the responsibility of the firm to train the employees and keep the regular check on the activities through monitoring and controlling.
The nurse plays an essential role in the implementation of the policies. This role in the care setting helps understand the need of the rules and strictly follow them in the work. Getting familiar with the policies useful in implementing them in the regular working and avoid any issue that can be faced later due to the avoidance of the practices (Morrison-Valfre, 2022). The medical staff can also assess the risk and measure the outcomes of the same. As a registered medical worker, it is crucial to ensure the use of these practices in the care setting. There is a need to train and familiarise the new employees about the policies and rules as a senior care giver.
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