Whoever takes decisions for the service user will have to respect his different needs that he might have, he will also have to bear in mind about his values and his circumstances and respecting each and every belief that he might have such as his age, sex, gender, religion or his disability needs. That person in charge will have to think about the service user’s views and wishes as far as they are reasonable and it will not harm the service user if they are carried out. No discrimination should occur between the mental service user and the person who is in charge of him.
“Give the person all the support they can to help them make decisions.”
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All decisions of the person who is incharge of the mental service user must be lawful and must be informed by his care worker such as his doctors or clinicians which are related to Human rights Act, Human Rights Act isn’t part of the code although it provides assistance.
Susie in Queensland used to be in a mental hospital, when she was there she had a person who took decisions for her which had to be related to her needs and views the best. The person in charge of Susie had to make sure if she disagreed with his decision, then he had to respect it no matter what even if it was totally opposite to what he suggested. Susie had the right to be respected for her own decisions and values. The person in charge of Susie had to make sure if she is taking her own decisions she had to make sure they didn’t affect her physical or mental health in anyway whatsoever.
It is very important to effectively communicate with the service users in mental health settings. The care workers have to make sure that thet are giving them good care and respecting their rights as much as possible. It is very important that the language they use if very clear for them to understand properly as well as making sure they fulfill their needs. Care worker who suits the service user best must talk to them such as if a care worker is a Muslim and a service user is a Muslim too, this way the care worker will be able to help the service user out more then someone who is anyhow connected to the service user.
If the service user in mental setting does not speak English, then it is care workers responsibility to make sure that they get someone to talk to them who speaks their language. Everything must be done to overcome the communication barrier. Some service users might have difficulties understanding some terms or might have difficulties when provided choice by the care worker, when this happens then the care workers have responsibility to make sure they give them a lot of attention so that they understand properly. Some mental service users might have difficulties seeing or hearing or might have difficulties writing or reading, when this is the case care workers have to take a lot of time and give them a lot of attention when the service user needs help.
The person who has responsibility over the service user has to make sure that he knows what difficulty it can cause when they don’t communicate well with each other. They have to make sure they address that service user well. Most hospitals will have specialist who will help those service user who have difficulties speaking or hearing, they might do sign language or written communication with them.
When a service user needs an interpreter when they don’t speak English, then that interpreter should make effort when translating to that service user, they have to bear in mind that service users gender, religion, language, dialect or even cultural background because if that service user is asking him questions about his religion then it will be very confusing for both of them if they are from different religions for example a service user who is a Muslims and a interpreter who is an atheist. When a friend or a family member is used as an interpreter they have make sure that they will keep that service users confidentiality.
People who have legal responsibility over the service user have to make sure that they remind the service user from time to time about their rights that they have. They have to make sure that the service user fully understands his rights. If a person who is in charge of that service user wants to disclose private information about that service user then they have to make sure that don’t:
- Put service user at any sort of risk or harm.
- Cause emotional distresses for them that will make their mental health go downhill.
- Cause any other harmful effect on their health or wellbeing.
When Misha was in Mental hospital, for her the care workers had to get someone who understood her language and spoke to her too because she couldn’t speak English it sometimes made care workers job harder because they needed someone who will make her understand her rights and provide choice to her as well as communicating with her effectively.
Care workers should always make sure they respect the service user’s privacy as well as bearing in mind their safety. Care settings should make every effort to support maintains the service user’s privacy when they are contacting their family or friends so that no one overhears their conversations.
“In common law, a duty of confidence arises when one person discloses information to another in circumstances where it is reasonable to expect that the information will be held in confidence. Certain situations, such as discussions with a health professional or social worker, are generally presumed to be confidential.”
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Information about a service user which should be kept private must only be disclosed when the service user gives permission or he/she is in danger or anyone because of them will be in danger. Professional care worker such as their doctor must make sure he is clear to the service user when giving out information, it has to benefit the service user or prevent any serious harm occurring. Advocates and advice services can support patients in helping them decide what information should be shared.
When sharing the personal information of a service user with family, they have to make sure they ask the service user himself whether he agrees on sharing the information or not. Sharing information should only be for a valid reason. Relatives and friends cannot be told a service user’s particular opinion or be given any other confidential information about the service user unless he himself give his own permission or there is another basis on which to disclose that is agreed with the law.
When Gina gave her family permission to look at her medical records, nothing else was disclosed except this. The care workers had to make sure that they let her family see her records only for a valid reason which they had to give to see the records. Without Gina’s permission her family, even the care workers won’t be allowed to look at her records. Disclosing personal information about a service user should only be so that it will benefit them and reduce any harm that will occur.
Every service user in mental settings has the right to contact their family and friends, even if they want to visit. However the Act only gives certain people the right to visit the service users which are doctors, clinicians and independent mental health advocates. Care workers in the settings must make sure they give the service user in its visitor some privacy when they communicate.
There are circumstances where hospital managers may restrict visitors, refuse them entry or require them to leave. The choice to ban a visit by any person whom the service user has requested to visit or has agreed to see should be looked upon as a serious interference with the rights of the patient.
