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MSc/ Postgraduate Diploma in Forensic Mental Health Studies

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The University of Birmingham MSc and Postgraduate Diploma in Forensic Mental Health Care Course Director Dr M. Humphreys Module 3. Assignment - The Courts and the Law. Section (s136) of the Mental Health Act '83 the impact on those individuals arrested by the Police. Date Due In - 13 June 2005 Word Count -4000 Student Number-663483 CONTENTS Introduction Pg3 Statement of the Law and criteria for detention Pg3-4 The Nominated Place of Safety Pg4 Individual professional roles- Pg4-8 The Police The Doctor The ASW Nursing Staff Statistical evidence Pg8 Management of aggressive behaviour and risk assessments Pg8-10 Factors, which need to be considered when, determining the outcome of the assessment and decision making process and follow up responsibilities Pg8-10 Information leaflets for service users on rights and procedures Pg10 Conclusion and recommendations to improve future practice Pg10 REFERENCES AND GLOSSARY OF TERMS USED. Pg 10-14 Section 136 of the Mental Health Act '83 the impact on those individuals arrested by the police. Introduction This assignment will critically analyse a group of mentally disordered offenders, in the context of the relationship between mental health and legal provisions for care under the Mental health Act of 1983 Section 136. The layout for this assignment will be broken down into sub headings ranging from the clarification of professional roles to suggested changes and improvements for future practice. Case studies will be utilised giving different scenarios for practitioners and other agencies being faced with the requirements and understanding of implementing Section 136 appropriately. A uniform procedure for 'good practice' has been set under the MHA 1983 Code of Practice, in terms of compliance from Police, Health and Social Care involvement incorporating the Human Rights Act and Data Protection Legislation (Code Of Practice, 1999). The main emphasis will be of those individuals placed 'arrested' on Section 136 MHA'83 rather than those mentally disordered offenders who may be arrested on suspicion of an offence, as they are assessed separately for mental health needs via the courts while in custody. ...read more.


Once the person is assessed the ASW will make any arrangements that are necessary. ASW's are separate from the medical profession in terms of discipline and use the social model, however they have also been targets of "bad press" in terms of how the public view them. The public image of social workers is a major problem as it distorts the discussion away from what social workers actually achieve in both preventive and rehabilitative work with individuals, groups and communities onto a small number of high profile scandals and disasters. In these circumstances, there is a danger that the social model and the social care disciplines will not be highly valued in the new mental health services (Duggan, 2005). The promotion of the social model requires the continued existence of social work as a discipline, however changes to the proposed to the statutory roles of Approved Social Workers in terms of making approved Mental Health Workers, also disquiet about the civil liberties implications of the new proposals, particularly in relation to the proposals for the detention and treatment of those with presumed 'dangerous personality disorder', need clarity about the value and effectiveness of social interventions to support individuals and groups with mental health problems to temper and modify this process (James,2000). Nurses For nursing staff whether in the community or in-patient setting a detailed assessment is required with all risks assessed. In the acute patient setting nurses have to check all MHA documentation is in order and handed in to the MH administrator. The idea of Crisis Resolution Teams (CRHT) is that of treating individuals in their own home environment due to the lack of hospital beds and 9-5 community mental health teams, the CRHT are mainly nurse led, and run on the basis of 24hrs 7 days a week. They are the 1st point of contact for MHA due to ASW involvement in this Multi-Disciplinary-Team setting. ...read more.


The new Mental Health Bill will hopefully incorporate some changes in approach and response times. Emphasis on long-term flexible involvement is needed, in terms of help with managing medication, the payment of bills, or having regular contact with someone to talk to, if the individual is vulnerable or has any needs identified. MIND and CPN's provide different home visiting services but resources of such services available to the individual are limited. The short-term resettlement and support services offered by housing organisations do not meet client's long-term needs, the concept of the creation of a safe house/crisis centre and respite beds in non-medical environments may be beneficial. Structured, therapeutic interventions would help reduce reliance on hospital provisions. There is a shortfall in Advocacy services, as is access to welfare Rights and employment training. While day care services are valued, there is some duplication in drop-in services, and often sometimes difficult to get to, clients often feel that these are related to psychiatric services, whereby they are labelled and stigmatised. Once these issues and many other areas not covered in this assignment are implemented across the board s136 MHA'83 will be less pragmatic and more effective. Glossary of relevant Mental Health Act 1983 S2 Admission for assessment and/or treatment for up to 28 days, non-renewable. S3 Admission for treatment for up to 6 months, renewable for 6 months and then yearly S4 Admission for assessment in cases of emergency for up to 72 hours. Can then be Converted to s2 with another medical recommendation. S135 Warrant to search for and remove patients. An Approved Social Worker applies to Justice of Peace on an oath. A warrant can be issued to enter premises and remove to place of Safety for up to 72 hours. ASW and doctor attend with police. S136 Mentally disordered persons found in public places. A constable may remove a person, who appears to be in need of immediate care and control, to a designated place of safety for? Up to 72 hours. ...read more.

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