1.1 Describe the main purpose and principles of relevant legislation and codes of practice relating to mental capacity. Summarise your role and responsibilities regarding relevant principles, legislation, and codes of practice and upholding individuals’ rights.
The primary goal of applicable laws and professional guidelines about mental capacity is to protect and advance the welfare of people who might not be able to make certain decisions for themselves. These legislative frameworks offer a set of guidelines that organizations and professionals can use when providing care and support for those who are vulnerable (Potter et al. 2019). The "best interest" idea, which ensures that choices and actions are made in the person's best interest while taking into consideration their preferences, wishes, and beliefs, is fundamental to these concepts. In the United Kingdom, for instance, the Mental Capacity Act 2005 lays forth principles that stress how crucial it is to help people make their own decisions whenever feasible and to respect their freedom to make judgments that may not be shared by others (World Health Organization, 2021).
Looking for top-notch assistance with your assignments? Discover the Features of Taking Assignment Writing Help in UK, where expert writers provide tailored solutions to meet your academic needs. With professional guidance, timely delivery, and high-quality work, you can ensure better grades and a stress-free academic journey.
Role and Responsibilities of Relevant Principles, Legislation, and Codes of Practice
Our duties and obligations as professionals in the care and support industry are intimately correlated with the laws, regulations, and standards of conduct about mental ability. Respecting the rights of individuals, especially their autonomy, dignity, and self-determination, is our priority (Carr, 2020). This entails abiding by the rules and regulations set forth by the law to ensure that the assistance and care given respects and protects these rights. Facilitating decision-making for people with variable or compromised mental capacity is another aspect of our job. This could mean giving them information in a way they can comprehend, utilizing communication tools, taking care of any environmental issues that can impair their ability, and paying attention to their choices and preferences.
1.2 Outline the interaction between the principles of relevant legislation and codes of practice and identify how the principles of legislation and codes of practice empower individuals to maintain autonomy
The tenets of applicable laws and standards of conduct complement one another to provide people the freedom to preserve their autonomy and make life-altering decisions. For example, in the UK, the Mental Capacity Act 2005 and the related Code of Practice provide a framework that permits people to make decisions even in cases where their capacity is compromised. They can keep control over their life and decisions as a result (Pirelli et al. 2020). The way in which these laws and principles interact highlights the necessity of supposing people have the capacity until and until they can demonstrate otherwise.
Empowerment of Individuals Through Legislation and Codes of Practice
Laws and codes of behaviour give people a rights-based, structured framework that safeguards their preferences and interests, which gives them power. For example, the Mental Capacity Act of 2005 allows individuals to choose a Lasting Power of Attorney, which gives a reliable third party the legal capacity to make decisions on their behalf in the event of incapacity. People can choose who makes decisions on their behalf and their preferences are respected thanks to this (Babri et al. 2021). Furthermore, these legislative frameworks outline a process for determining an individual's capacity, ensuring that people's capacity is not determined arbitrarily and that their capacity to make decisions is not unnecessarily taken away from individuals. The Act further mandates that choices made in an individual's best interest be the least restrictive option in accordance with the minimal interference concept.
1.3 Factors Influencing an Individual's Mental Capacity and Ability to Express Consent
The mental capacity and consent-giving abilities of an individual can be influenced by a variety of situations. These variables could be short-term or long-term, and they could have different effects on capacity. For instance, it's typical for someone to have fluctuating capacity, which causes their ability to make decisions to alter over time. Factors like fatigue, drugs, stress, or disease can affect this (Sewpaul and Henrickson, 2019). Another factor is the degree to which the decision is. While some people may be able to make straightforward decisions, they may find it difficult to make decisions with many facets or complexity. Environmental elements that can affect a person's comprehension of information and decision-making include noise, distractions, and strange environments.
1.4 The Relationship Between Mental Capacity, Consent, Choice, and Safety
The profound and crucial interaction among mental capacity, permission, choice, and safety guarantees that people receive the right kind of care and assistance. For consent to be informed and voluntary, mental ability is necessary. The mental ability to comprehend the facts presented and the effects of their decisions is a must (Babri et al. 2021). The expression of a person's free will is their consent. It is only legitimate when the person can express their decision freely and is aware of the options that are accessible as well as the possible dangers and rewards. Consent promotes an individual's autonomy and dignity by ensuring that their choices and preferences are respected.
Consent and mental capability are intimately related to choice. It is the capacity to make choices consistent with one's particular preferences, values, and beliefs. The legal frameworks about mental capacity place a strong emphasis on the value of empowering people to make decisions, especially when such decisions conflict with the opinions of others. Safety ensures that the person is shielded from injury or abuse, which makes it an essential component of this connection. When making decisions that could jeopardize someone's health, one must act in that person's best interest while adhering to the laws and protections. Safety concerns should always be weighed against the degree to which an individual's autonomy and choices may be respected.
1.5 Definition of 'Valid Consent'
Based on the ideas of autonomy and self-determination, valid consent is a key idea in the context of care and assistance. It refers to consent that is freely offered, willingly delivered, and given after knowing all the details disclosed (Beskow and Weinfurt, 2019). For consent to be considered valid, several criteria need to be achieved have been described below.
Voluntary
The permission must be freely given by the subject, free from outside pressure, compulsion, or improper influence. Without worrying about the repercussions, they ought to be able to accept or reject the suggested course of action (Santos et al. 2019).
Informed
To make an informed decision, the person needs to have access to all pertinent facts. This entails being aware of the nature of the choice, its advantages and disadvantages, any available options, and the repercussions of providing or refusing consent.
Capacity
The decision-making ability of the person must be present at the moment of consent (Kurteva et al. 2021). They should be able to convey their choice, evaluate the possibilities, and comprehend and remember the information.
2.1 Explain why it is important to establish an individual’s consent when providing care and support.
Establishing wide end importance towards individual's consent has stated importance in providing thorough care as well as support. In consistent to the aspects the several modes of individual's autonomy has set thorough care and endured to integrate self-modes of decision. Additionally, the law and practice code of Deprivation of Liberty Safeguards practices states that the solo interest has been nurtured thoroughly in details (Singh et al. 2020). Confining safety, building thorough trust rapport has set consistency at integrated ranges. The phases of control assimilation jabs generate strong relationship among providing aspects has integrated individual integrity that are stated to be wilding. Additionally, the following percept of law integrity resembles as Mental Health Act 1983, has assimilated the concerning futility of consistence and integrity and generate legal intrusion that are stated to be confined. Additionally, thorough care support has mobilised relatable attribution of thorough cases that incur safety assimilation at generic ranges (Sheridan Rains et al. 2021). In respect to the aspect, personal care has consistently enables additional autonomy feasibility and generates strong privacy modes of assimilation units that are stated to be relatable. The assimilation phases of desiring ethical as well as respectful care have integrated indication that is set to be confining. In consistence to the aspect of stronger relationship among care integrated individual assimilation phases that integrate reliability in consistent basis.
2.2 Explain the way personal values and attitudes can influence your perceptions of situations and of individuals’ capacity.
Personal values as well as attitudes has set significant influence to generate thorough situation of perception safety and integrated information interpretation with wider mobility. Additionally, values as well as attitude influences perception that set skills and abilities in consistent basis. In addition, the phases and creativity of innovation has integrated disruptive behaviour that is stated to be sign of consistent of intelligence. Additionally, according to care act 2014 has persuaded more likely assimilation and has generated converging mind changes at integrated basis (Sashidharan et al. 2019). The aware of consistent personal values as well as attitudes mobilises the well modes of beliefs and generate modes of biases at consistant level. The modes of value set aspects has integrated wealthy panel of subjugate indication of open-minded intrusion of other interaction belied. In addition, the futility of generate concerning modes of indicated self-modes practices (Ryle and Kerr, 2020). The phases of indicated situation have set aware modes of values attribution and have generated strong desirability that is set to be consistent.
2.3 Describe the strategies and skills that can be used to maximise individuals’ capacity to make decisions.
The consistent strategies as well as skills that are being empowered has been related to rigid regimes that set integrated aspect at firm desiring ranges. In regulation to the proto-channel, isolation modes of decision setting choices have set privacy attribution of thorough and tentative medication that governs integrity and consistent ranges. Moreover, strong modes of desiring interface have increased the desirability of depriving protocol that set nurturing modes of elongated work play at consistent level. The desiring modes of futility has governed the phases has stated illuminative ideas and mobilised the phases of capacity panel of decision skills that are stated to be well generalized. Additionally, Equity act 201 has mobilised the modes of thorough integration affluent modes of desiring aspects that enrol to compel integrated phases of decision in consistent level (Sheridan Rains et al. 2021). Additionally, the feasibility of adhering strong modes of interest decision skill and strategy has enforce strong and reliable policies that set elongated modes of self decision at integrated basis. Enduring desiring suitability, restraining indication outlay of task forces has channelized desiring modes of self-phases and governs the futility that has self-assimilated. Elongated consistent work lay of generic practices and phases has intruded wider behavioural panel that govern intricacy at existing ranges (Bevan Jones et al. 2020). Additionally, the desiring strategy of thorough units has set enrolled behaviour practices and phases and empowered strong regulation of governing units at widest basis. In relation to the work lay, the generosity of self-dissimilation protocol and practices has set indicated power channel of healthy intrusion at consistent level.
2.4 Summarise your role in identifying when an assessment of capacity may be required.
Thus, it can be summarised that consistent role of thorough identification has enrolled indicated capacity of psychological restraining units and monitor well modes of feasibility. The indicated strategies as well as practices that have been incurred generate consistent awareness of physical modes of phases and nurture thorough assessment that are indicated to be governing. In consistent to the work panel, mobilising active modes of listening has nurtured consistent codes of behaviour and cohesively mobilises environmental biasness. In addition, decision modes of engagement skill set has nurtured thorough practices that addresses environmental factors, designs active listening stages and integrates through recognizing panel in constant and appropriate basis. Additionally, the silo integrated work lay has governed modes of communication has set desiring enforcement and mobilised sell assimilation units that are well stabilised. In generic misuse of medication forces and phases ha bedrails integrated consent at assimilate the futility ranges at desired ranges. The consistent ability and nurturing units has set intricacy outlay at tentative basis.
2.5 Describe steps to take if consent cannot be readily established and your role in this process
The consistent modes of consent have governed the desirability of process indication. Additionally, the generic outlay of psychological empowerment has governed thorough role process and nurtured indication adaptability sty significant ranges (Kuzman et al. 2020). In relation to the aspects of health supportive program has generate abdication of consent outlay that set main defining channel at desiring ranges (Bevan Jones et al. 2020). The phases as well as integration have nurtured thorough decision integrity and mobilises thorough content of restraining phases. The consistency has generated thorough phases of self governing units and set desirability in an indicated work lay.
3.1 Restrictive practice
Restrictive practice can be referred to as any action procedure or intervention that limits the overall freedom of an individual. It is typically used when supporting individuals with complex needs such as people with diabetes mental health issues or challenging behaviours (Leif et al. 2023). Although restrictive practice may employed with the best intention, Healthcare professionals should apply with great caution and compliance with legal standards as they can infringe on human rights and the dignity of individuals.
3.2 Examples of restrictive practices
There are various examples of restrictive practices in the Healthcare sector. Some of these examples have been discussed below.
Physical resistants: Physical resistance involves the use of physical force or any device to restrict the movement of an individual. This includes using tools such as straps, handcuffs as well as belts to immobilize a person with a wheelchair or bed rails without their consent (Rawat et al. 2023). In addition to that, holding an individual down to prevent them from harming themselves or others is the primary cause for this restrictive practice.
Chemical resistance: In this practice, Health Care professionals use some medication to sedate or control the behaviour of an individual without getting their informed consent. As per the words of Leif et al. (2023), inappropriate or extensive use of psychotropic drugs can be considered chemical resistant as it restricts the mental and physical freedom of an individual. This type of resistance practice is mostly performed with patients who have some mental disabilities.
Seclusion: This process involves isolating the individual in a separate room or area often with minimal stimulation and supervision (Lalor et al. 2023). While it may used for safety reasons. Overuse or misuse of this practice can be considered a restrictive practice as it deprives individuals of any kind of social interaction choice and personal freedom.
Environmental controls: Certain environmental measures can also be considered restrictive if these controls can limit the choices and independence of a person. This process includes practices such as locking fridges or food cupboards to control access to food. Using keypads to restrict movement within the facility and implementing 24-hour supervision that can destroy the privacy and autonomy of a person is also considered a part of environmental controls.
3.3 Importance and impact of seeking the least restrictive option
The least restrictive option for an individual is paramount of importance in a care setting because this process upholds some fundamental rights dignity and autonomy while promoting their overall well-being. This approach is rooted in ethical principles and legal frameworks such as the Human Rights Act and Mental Capacity Act that prioritize the best interest of the individual (Tosswill et al. 2023). The least restrictive option respects the dignity and self-worth of an individual by minimizing unnecessary interference in their life. It acknowledges that every human being regardless of their circumstances has the right to be treated respectfully and to make choices that affect their own lives.
Choosing the least restrictive option empowers an individual to remain in control over their own lives. It also acknowledges their overall capacity to make decisions and promote independence. These restrictive practices can cause stress anxiety and emotional distress (Tosswill et al. 2023). Focusing on a less restrictive alternative helps to create a supportive nursing environment that contributes to emotional and mental well-being. Therefore a least restrictive alternative is significantly beneficial for patients.
3.4. Method of raising concerns
Raising concerns when restrictions appear out of proportion with evident risk in a care setting is significantly important to ensure the rights and wellness of an individual. In order to raise concern Internal communication is one of the most important factors. By discussing all the concerns with higher officials, Healthcare professionals can share their observations and provide specific examples of restrictions (Wilson et al. 2023). They also have to provide information on how they are disproportionate to the perceived risks. Healthcare professionals have to engage with their colleagues and they should share similar concerns or offer different perspectives. They also have to maintain a detailed record of all the restrictions that they find concerning. Along with that, they have to document specific incidents.
Healthcare professionals have to seek guidance from experts on this factor. If there is a significant risk to the wellness of the individual Healthcare professionals have to involve regulatory bodies such as the Healthcare Commission and other authorities (Wilson et al. 2023). Additionally, throughout the process, Healthcare professionals have to advocate for the best interest of the individual and his rights. Moreover, they have to maintain confidentiality while raising concerns and respecting the privacy and dignity of all the involved parties.
3.5 Workplace policies and procedures
There are very as policies and procedures that any Healthcare professional has to follow while implementing restrictive practices. First of all the organisation has to maintain a clear policy statement that shows the commitment towards respecting the dignity and rights of individuals while ensuring their safety (Santonen et al. 2023). Healthcare officials have to maintain the legal and ethical framework of the Health Care organisation this includes the central legal factors and regulations such as the Human Rights Act and Mental Capacity Act. Professionals have to focus on the organisation's commitment towards seeking the least restricted and provide guidance on how to determine what is proportionate to the evident risk. Healthcare professionals also have to document the use of restricted practices for various parts that need to be mentioned such as necessity and consent. Additionally, professionals have to leave all the practices and monitor overall progress.
3.6 Role in Implementing Guideline
There are some critical guidelines that need to be followed search as ensure that the Healthcare professional has properly understood the policies of the organisations regarding restrictive practices and maintains them strictly. They have to describe the right process for any restrictive measure. Any Healthcare professional has to maintain a detailed record involving all the instances of restrictive practices (Santonen et al. 2023). Healthcare professionals have to create a proper framework to maintain organisation policies and minimise the use of restrictive practices when it is possible. Additionally, Healthcare professionals have to report their concerns to higher officials.
References
Babri, M., Davidson, B. and Helin, S., 2021. An updated inquiry into the study of corporate codes of ethics: 2005–2016.Journal of Business Ethics,168, pp.71-108.
Beskow, L.M. and Weinfurt, K.P., 2019. Exploring understanding of “understanding”: The paradigm case of biobank consent comprehension.The American Journal of Bioethics,19(5), pp.6-18.
Bevan Jones, R., Stallard, P., Agha, S.S., Rice, S., Werner?Seidler, A., Stasiak, K., Kahn, J., Simpson, S.A., Alvarez?Jimenez, M., Rice, F. and Evans, R., 2020. Practitioner review: Co?design of digital mental health technologies with children and young people.Journal of Child Psychology and Psychiatry,61(8), pp.928-940.
Carr, S., 2020. ‘AI gone mental’: engagement and ethics in data-driven technology for mental health.Journal of Mental Health,29(2), pp.125-130.
Kurteva, A., Chhetri, T.R., Pandit, H.J. and Fensel, A., 2021. Consent through the lens of semantics: State of the art survey and best practices.Semantic Web, (Preprint), pp.1-27.
Kuzman, M.R., Curkovic, M. and Wasserman, D., 2020. Principles of mental health care during the COVID-19 pandemic.European Psychiatry,63(1), p.e45.
Lalor, J.G., Sheaf, G., Mulligan, A., Ohaja, M., Clive, A., Murphy-Tighe, S., Ng, E.D. and Shorey, S., 2023. Parental experiences with changes in maternity care during the Covid-19 pandemic: A mixed-studies systematic review. Women and Birth, 36(2), pp.e203-e212.
Leif, E.S., Fox, R.A., Subban, P. and Sharma, U., 2023. ‘Stakeholders are almost always resistant’: Australian behaviour support practitioners’ perceptions of the barriers and enablers to reducing restrictive practices.International Journal of Developmental Disabilities,69(1), pp.66-82.
Mapp, S., McPherson, J., Androff, D. and Gatenio Gabel, S., 2019. Social work is a human rights profession.Social Work,64(3), pp.259-269.
Pirelli, G., Formon, D.L. and Maloney, K., 2020. Preventing vicarious trauma (VT), compassion fatigue (CF), and burnout (BO) in forensic mental health: Forensic psychology as exemplar.Professional Psychology: Research and Practice,51(5), p.454.
Potter, R., O'Keeffe, V., Leka, S., Webber, M. and Dollard, M., 2019. Analytical review of the Australian policy context for work-related psychological health and psychosocial risks.Safety science,111, pp.37-48.
Rawat, M., Shields, A. N., Venetis, M. K., & Seth, J. (2023). Women’s agentic role in enabling and dismantling menstrual health taboos in northern india: A culture-centered approach.Health Communication,38(4), 695-704.
Ryle, A. and Kerr, I.B., 2020.Introducing cognitive analytic therapy: Principles and practice of a relational approach to mental health. John Wiley & Sons.
Santonen, T., Louro, H., Bocca, B., Bousoumah, R., Duca, R.C., Fucic, A., Galea, K.S., Godderis, L., Göen, T., Iavicoli, I. and Janasik, B., 2023. The HBM4EU chromates study–outcomes and impacts on EU policies and occupational health practices. International Journal of Hygiene and Environmental Health, 248, p.114099.
Santos, C., Bielova, N. and Matte, C., 2019. Are cookie banners indeed compliant with the law? Deciphering EU legal requirements on consent and technical means to verify compliance of cookie banners.arXiv preprint arXiv:1912.07144.
Sashidharan, S.P., Mezzina, R. and Puras, D., 2019. Reducing coercion in mental healthcare.Epidemiology and psychiatric sciences,28(6), pp.605-612.
Sewpaul, V. and Henrickson, M., 2019. The (r) evolution and decolonization of social work ethics: The Global Social Work Statement of Ethical Principles.International Social Work,62(6), pp.1469-1481.
Sheridan Rains, L., Johnson, S., Barnett, P., Steare, T., Needle, J.J., Carr, S., Lever Taylor, B., Bentivegna, F., Edbrooke-Childs, J., Scott, H.R. and Rees, J., 2021. Early impacts of the COVID-19 pandemic on mental health care and on people with mental health conditions: framework synthesis of international experiences and responses.Social psychiatry and psychiatric epidemiology,56, pp.13-24.
Singh, J., Karanika-Murray, M., Baguley, T. and Hudson, J., 2020. A systematic review of job demands and resources associated with compassion fatigue in mental health professionals.International Journal of Environmental Research and Public Health,17(19), p.6987.
Tosswill, H., Cabilan, C.J., Learmont, B. and Taurima, K., 2023. A descriptive study on the use of restrictive interventions for potentially or actually violent patients in the emergency department. Australasian emergency care, 26(1), pp.7-12.
Wilson, R.L., Hutton, A. and Foureur, M., 2023. Promoting mental health recovery by design: Physical, procedural, and relational security in the context of the mental health built environment. International Journal of Mental Health Nursing, 32(1), pp.147-161.
World Health Organization, 2021. Comprehensive mental health action plan 2013–2030.
