The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
Mental health is in the news! It’s great that we are finally talking about a health issue that society often perceives as a sensitive subject.
This week the Mental Health Foundation (MHF) is asking us to focus our attention on the state of the UK’s mental health – are we thriving mentally, or just surviving? MHF research revealed that almost two-thirds of us acknowledge experiencing a mental health problem, so it’s not surprising that this subject is finally getting the attention it deserves.
Theresa May has pledged to scrap our 30-year-old mental health laws, and introduce new legislation that “confronts the discrimination and unnecessary detention that takes place too often”.
Is a new Mental Health Treatment Act the key to ensuring the nation enjoys good mental health?
Whilst this new act has the potential to provide some valuable and welcome change, it is questionable whether simply changing legislation will resolve some of the biggest issues, for example:
- Local provision has been “remodelled” and established therapeutic relationships have been lost due to community mental health teams being dismantled or pared back. Without that modest safety net of support, a crisis becomes more likely. With the closure of community beds, admission to a crowded ward of acutely ill patients is likely (if they can find you a bed) and recovery in that environment is more of a challenge. When the time comes for the person to return home, their discharge may be delayed by the social worker struggling to pull together a package of support.
- Admission to an acute psychiatric ward carries with it a cost to your human experience, being a challenging experience in itself, but also impacting on your finances, housing, relationships and the ability to maintain your independence. If the admission is prolonged, it can introduce a risk of institutionalisation.
- If you have a diagnosis of autism or Asperger’s a hospital admission can be traumatising – a busy ward environment can be frightening and confusing. The introduction of the Autism Act 2009 was the first ever disability-specific law in England. However, despite this piece of innovative legislation, individuals with autism, and their families, face daily battles trying to secure necessary and appropriate services and support.
- Currently, children are being sent hundreds of miles from home to receive the mental health treatment they require, and individuals who are at risk are being detained in police cells for up to 72 hours to provide them with a place of “safety”.
From these examples, it appears that funding, resources and capacity challenges are overwhelming mental health services. If we want to see our nation’s mental health thrive and not merely survive, we may need to dig deeper than just introducing new legislation.
If you would like more information, please contact Sheree Green, our Court of Protection lead at Anthony Collins Solicitors, and Chair of the Law Society Mental Health and Disability Committee. Or alternatively, please visit the Court of Protection page on our website.
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
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