Legislation PQC

Legislation PQC

1. Mental Health Act 1983

   • A person with mental health issues can experience illnesses such as anxiety, depression, schizophrenia, dementia and psychosis.
   • The Mental Health Act sets out circumstances in which an individual with a mental disorder can be treated without their consent. This act also allows the individual to be safeguarded.
   • The act allows this individual to be detained under the act to ensure the safety of them and others around them, putting them out of risk.
   • individuals who can ask to admit people with mental health issues: approved social worker, husband/wife, son/daughter, father/mother, brother/sister, approved doctor, mental health nurse, police officers.
   • Individuals that have been sectioned can be without their consent to ensure their safety and of those around them. two medical practitioners has to approve the reason for the sectioning, then only can the sectioning can take place. 28days is the usual amount for a sectioning however unless a further order is in place or the individual has consented to stay in hospital then the section will last longer.
   • Emergency sectioning: if an individual is a threat to themselves or others around them, under the mental health act 1983 they can be sectioned to maintain their safety for up to 72 hours unless further action is being put into place.

2. The Equality Act 2010

   • People who are protected through this act: Age, Disability (physically and mentally), Gender reassignment, Marriage or Civil partnership, Pregnancy + Maternity, Race, Religion + Belief, Sex, Sexual Orientation.
   • All sectors are protected equally including carers.
   • Strengths: Protects a wider population due to 4 different legislations being brought together. The act protects a range of different characteristics. This act has allowed a lot of high profile case to be won.
   • Weaknesses: Does not reduce discrimination. This is a fair ley new act therefor not everyone knows their rights and how the act protects them. Certain groups may feel less favoured that others.
   • In 2010 the equality act drew together 4 old pieces of legislation to create the Equality Act 2010. The four acts that where joined together where 1:people with disabilities 2: minority ethnic groups 3: men and woman and older people. these now all come under this one act. this act also protects individuals being discriminated against due to association. this act makes discrimination illegal and this ensures EQUALITY

3. The Children's Act 1989

   • In the 70's+80's it did not come apparent to individuals that people would want to groom children. Therefore parents left their children with people they barley knew i.e. Jimmy Saville. This act protects children up to the age of 18
   • Key principles
     • The Paramouncy principle: The Childs welfare is the most important when making a decision about a Childs upbringing.
     • Maintaining families: Every effort should be made to preserve the Childs home and family links
     • Children Have The Right To Be Heard: the court should take into account the feelings and wishes of the Child.
     • Parental Responsibility: All the rights, duties, powers, responsibilities and authority which by law a parent of a Child has in relation to the Child and his Property.
     • The duty of the local authorities: If suspicion of harm local authority should investigate.
     • The no delay principle: No delay should occur in making decisions about a Childs future and courts should not make an order unless it is absolutely in the Childs best interests to do so.
   • Strengths: Clearly acknowledges the rights of children and protects their welfare. it also enables children to have their view heard and contributed when it is concerning them. The act is very clear the children have rights and parents have responsibilities. Detailed explanation of circumstances under which children can be taken into care.
   • Weaknesses: Children can be changed with criminal offences at the age of 10, this age is much lower than other countries. young offenders are not offered the same protection as other children under the children act 1989, children can be remanded to secure accommodation and are not protected.