10 Pages
2533 Words
Understanding Mental Capacity
1.1
Certain types of legislation, practices, policies and provisions need to be followed relating the adult care. The most common legislation relating to mental capacity includes the Mental Capacity Act 2005. This is an act which is built to protect the power of the vulnerable people who are not in a better position to make the decisions on behalf of the people suffering from mental issues. Along with this another act includes complying with Human Rights Act 1998. This act includes certain types of rights and duties which the people have to follow for living within the society. These rights protect the freedom, thinking, beliefs, religion and other rights which a person needs to be followed (Lake et al, 2021). Hence, while assisting and helping adults having mental capacity issues all these legislations and codes of practice must be followed. There are different practices like complying with the dignity of the case, safeguarding adults, the Care Act 2014 and many others. Mental Capacity Act [MCA] 2005 focuses on protecting and empowering individuals who are lacking in mental capacity with regards to making their own decisions comprehends with care and treatment (Mental Capacity Act 2005, 2025). This significantly implies people who are aged above 16, this act is specifically used for people who are vulnerable and need protection. This allows practitioners to approach the Best Interest Assessor [BIA] who can decide on behalf of individuals while considering their needs and priorities.
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1.2
The healthcare professional dealing in adult care needs to apply the principles of mental capacity legislation effectively. In case these principles and practices are not applied effectively then they will not be in a position to provide better support to the adult. Hence, applying the Mental Capacity Act is very necessary for effective assistance to people having issues. The different principles are as follows-
- Every adult has a right that they can make their own decision and till the time it is proven then they are mentally incapable the decision will be taken by them only.
- Further another principle states that every individual must be supported well to make their own decisions. In case better help is not provided to the person then they will not be in a position to manage and maintain the working well (Thomeer, Moody and Yahirun, 2023). Thus, the person must assist the adults in taking the effective decisions so that the overall working can be improved well.
1.3
There are different kinds of support provided at the time when the mental capacity needs to be assessed. It includes the following sources and the support which they provide:
- Health professionals- these include doctors, psychologists, psychiatrists and other experts who can provide clinical advice for mental capacity.
- Social workers- these are the people who provide better support to people suffering from mental issues as they make all the complex issues smaller for the patient and ultimately they are in a better position to work.
- Legal support- different legal support is also provided to the person having issues of mental capacity as there are certain laws protecting people with mental capacity (Foye et al, 2021). Also, there are certain local authorities and advocacy services as well which provide better support to people who have mental issues.
All this support can be accessed by the person by identifying the need consulting the healthcare provider and seeking better legal advice. This is assistive to the person as they can overcome the issue of mental incapacity appropriately.
1.4
When the person is incapable of making the decision then it is the responsibility of the healthcare professionals and other person to understand the capacity of the person. Here capacity means the ability of the individual to make the decisions for their benefit. In case the person is not in the capacity to take the decision then it will be impacting the overall capability and working efficiency. Thus, healthcare professionals play a crucial role in assessing the risk relating to incompetent persons (McGorry et al, 2022). The key role played by the people involved is to identify the risk when the incompetent person is trying to make the decision. Along with this, it is the role of the party they evaluate the capacity of the person for whom the decision needs to be taken. Moreover, the collaboration with the professionals will also help the people assisting the incompetent person in assessing the risk correctly and trying to work for the betterment of the person having mental capacity issues.
1.5
Within the case of adult care who are mentally incapable, valid consent must be taken for getting the treatment or any decision made. Thus, the different practices which support the ability of individuals to provide valid consent are as follows-
- The first practice is to share and provide all the information relating to the issue and the treatment which is being planned for the person incompetent (Coombs et al, 2021). In case the complete information will not be provided then it will affect the working capacity and proper treatment will not be provided to them.
- Another practice includes ensuring clear and deep understanding relating to the information provided. In case the practitioner does not have having clear understanding then it will affect the decisions taken. For developing an understanding of compliance with different visual aids, simple language can be made so that better decisions can be taken.
1.6
With the working, the own and team members' development needs must have been analysed and identified. This is necessary for the reason that when the effective developmental need is identified then it will provide a better way to manage the work and try to develop the working. To assess the developmental needs following steps need to be undertaken-
- To identify the developmental need the first way is to reflect on the personal performance of the person. In case the person is not confident in their capabilities then it will help them in identifying the area to develop.
- Along with this, another step is to identify the gaps within the knowledge. This is necessary for the reason that when the effective type of the gap is identified then the areas of development can be analysed (Ashcroft et al, 2021). It is due to the reason that when the gap is examined well then the developmental area will be identified and the person can try to develop the same.
- In addition to this another way of assessing the developmental need is to seek feedback from the peers. This is necessary because with the help of the feedback the person can identify the ways and through this the areas to develop can be identified.
Understanding The Use And Impact Of Restrictive Practice In Adult Care
2.1
Restrictive practices are defined as interventions or measures which restrict the movement of the person due to the treatment they are getting. On the other side, restraint is a type of restrictive practice which aims at restricting the movement of the person in terms of physical and mechanical manner. Further, the deprivation of liberty is defined as the situation where the person is allowed to make any of the decisions relating to their care and treatment. Here the freedom to take the decision is restricted. All these three aspects are applied within the healthcare setting as these are the measures for providing treatment to the patient (Park, 2021). For the healthcare practitioner, it is necessary to understand the application of all these three practices. For this the most common step is to become aware as when the practitioner will be familiar with the policies and the frameworks which can be accessed relating to restrictive practice, restraint and deprivation of liberty then it will be assistive in managing and mitigating the work well. Also, another step is to conduct the risk assessment and ensure that what are the risks associated with all these three strategies and this will be helpful in better mitigating the situation of the patient.
2.2
It is important to implement legal and ethical consideration while restricting freedom and rights of the individual.
Legal consideration
- Mental Capacity Act 2005: The law furnish framework to make decisions for lack of mental capacity individual. According to the law, being healthcare practitioner important to make decisions following the law considering individual mental capacity.
- Human Right Act 2008: It is crucial to consider the law to protecting freedom and right of the individuals. Practitioner need to follows the act to ensure freedom of person (Harris et al, 2023).
Ethical considerations
- Individual`s wishes: Healthcare practitioner must consider the restraint individual wishes before making any kind of decision such as maintaining confidentiality, involving them in decision making if possible and so more.
- Best interest decision: The care practitioner should consider the best interest of the individual while curing and must avoid things that cause harm.
2.3
Being a care professional, there is several responsibilities in regards to restrictive practices and deprivations of liberty to ensure dignity and safety of person in care. One of the responsibility is recognizing the situation to used restrictive practice for the individual. In addition, having a proper knowledge of restrictive practice is also a responsibility to ensure safety of person (Langtry and Lyer, 2021). Apart from this, it is crucial to apply authorization. Being a care practitioner, the responsibility includes conducting assessment of needs and circumstances of the individual, then completing the important paper work and providing justification for restrictive practices, Then, it is necessary review it to local authority than if the application approved, applying restrictive practice while monitoring impact on individual. Besides this, the responsibility consists compliance with the relevant guidelines and laws like Human Right Act and on continuous basis reviewing restrictive practices.
2.4
The healthcare practitioner can effectively response to restrictions on a person`s rights and freedoms by regularly reviewing the need of restrictive practices. In addition to effectively respond to the restrictions the staff provide with the enough training and education to balance need for safety and care for the individual (Gunatilleke, 2021). It leads to help in avoid the misappropriate as well as unnecessary restrictions. Apart from this, the healthcare practitioner appropriately response to the restrictive practice by evaluating different strategy such as instead of locking the individual in room to protect them from getting lost, the practitioner tries to use alarm sensor at care area to ensure wellbeing as well as safety of the individual.
2.5
Restrictive practices have significant impact on individual and others. Referring to this, individual feels frustrated, helplessness and angry due to restrictive practices result in cause depression and anxiety. Also, it leads to restrict physical movement as a result chances of discomfort, injuries increases. The individuals feel stigmatized and isolated leads to impact relationship and social interactions. It also results in limiting the personal and professional growth of the individual (Bendavid et al, 2021). Apart from this, the restrictive practice as major impact on the team members such as caregivers and professionals as implementing the practice leads to moral and ethical dilemmas result in team members feels burnout due to stress. Further, the practice impacts families and friends of restrictive individual as watching loved one restrictive cause distress as well as anxiety result in strain relationship.
2.6
Person-centred practice refers to focusing the requirements and preference of the individual while providing care. Person-centred and outcome based practice help in mitigate the use of restrictive practices by promoting and encouraging needs, choice and autonomy of the individual, it leads to decline the requirement of restrictive practices as individual more likely to cooperate when their opinion considers. In addition, the person-centred care involves understanding behavior of individual via effective communication (O’Rourke et al, 2022). It leads to help in recognize alternative strategies for patient care, result in declines requirement of restrictive practices. Also, the outcome-based practice includes creating personalized care plan according to individual`s desired outcomes. This plan includes strategies to effectively manage challenging behavior without using restrictive practice. Also, continues review as well as adjustment within the care plan ensures meeting of wishes, interest and requirements of the individuals, hence decline reliance on restrictive practices.
2.7
There is a development need foe own and team members in regards to use of restrictive practices. The development needs of own include enhancing understanding of restrictive practices such as when it should use and its potential impacts. It is crucial to develop communication skill to effectively explain the individual about the reason of use of restrictive practices and discuss it with family and team members. Also, ethical decision-making is one of developmental need for making appropriate decisions while ensuring safety, dignity and freedom of the individual (Tyagi, Sibal and Suri, 2022). Apart from this, it is identified that team members have some development needs in relation to restrictive practices. It include collaboration skill as members together have to take a decisions regarding the implementation of the restrictive practice and to support each other in the proficient manner. Further, training and development is one of a need to develop relevant skills and abilities of individual and team members to use restrictive practice.
REFERENCES
Books and Journals
- Ashcroft, R., Donnelly, C., Dancey, M., Gill, S., Lam, S., Kourgiantakis, T., Adamson, K., Verrilli, D., Dolovich, L., Kirvan, A. and Mehta, K., 2021. Primary care teams’ experiences of delivering mental health care during the COVID-19 pandemic: a qualitative study. BMC family practice, 22, pp.1-12.
- Bendavid, E., Oh, C., Bhattacharya, J. and Ioannidis, J.P., 2021. Assessing mandatory stay‐at‐home and business closure effects on the spread of COVID‐19. European journal of clinical investigation, 51(4), p.e13484.
- Coombs, N.C., Meriwether, W.E., Caringi, J. and Newcomer, S.R., 2021. Barriers to healthcare access among US adults with mental health challenges: A population-based study. SSM-population health, 15, p.100847.
- Foye, U., Dalton‐Locke, C., Harju‐Seppänen, J., Lane, R., Beames, L., Vera San Juan, N., Johnson, S. and Simpson, A., 2021. How has COVID‐19 affected mental health nurses and the delivery of mental health nursing care in the UK? Results of a mixed‐methods study. Journal of Psychiatric and Mental Health Nursing, 28(2), pp.126-137.
- Gunatilleke, G., 2021. Justifying limitations on the freedom of expression. Human Rights Review, 22(1), pp.91-108.
- Harris, D.J., O'boyle, M., Bates, E. and Buckley, C., 2023. Law of the European convention on human rights. Oxford university press.
- Lake, J.K., Jachyra, P., Volpe, T., Lunsky, Y., Magnacca, C., Marcinkiewicz, A. and Hamdani, Y., 2021. The wellbeing and mental health care experiences of adults with intellectual and developmental disabilities during COVID-19. Journal of Mental Health Research in Intellectual Disabilities, 14(3), pp.285-300.
- Langtry, D. and Lyer, K.R., 2021. National human rights institutions: Rules, requirements, and practice. Oxford University Press.
- McGorry, P.D., Mei, C., Chanen, A., Hodges, C., Alvarez‐Jimenez, M. and Killackey, E., 2022. Designing and scaling up integrated youth mental health care. World Psychiatry, 21(1), pp.61-76.
- O’Rourke, D.J., Lobchuk, M.M., Thompson, G.N. and Lengyel, C., 2022. Expanding the conversation: A person-centred communication enhancement model. Dementia, 21(5), pp.1596-1617.
- Park, S.S., 2021. Caregivers’ mental health and somatic symptoms during COVID-19. The Journals of Gerontology: Series B, 76(4), pp.e235-e240.
- Thomeer, M.B., Moody, M.D. and Yahirun, J., 2023. Racial and ethnic disparities in mental health and mental health care during the COVID-19 pandemic. Journal of racial and ethnic health disparities, 10(2), pp.961-976.
- Tyagi, S., Sibal, R. and Suri, B., 2022. Empirically developed framework for building trust in distributed agile teams. Information and Software Technology, 145, p.106828.