Community Care for Health Professionals - Essay Example

Community Care for Health Professionals Jim suffers from arthritis and has developed dementia. He can claim the community care assessment services under section 47(1) of the National Health Service and Community Care Act (NHSCCA) (Compton & Ashwin, P. 33 ). S.47 (1) (b) of the NHSCCA requires a Local authority to examine the outcome of assessments and to determine whether it can provide the services or not. Based on his condition, Jim comes under the category of persons ‘who are substantially or permanently handicapped by illness, injury or congenital deformity’. Therefore, he has to be taken care of by the Local authority under s.29 (d) of the National Health Assistance Act (NHAA) 1948. As such, local authorities must take measures to improve the welfare of such persons specified in the NHAA (Great Britain, National Health Assistance Act 1948). This assessment requires orders from the Secretary of State, in accordance with the provisions of s.7 of the Local Authority Social Services Act 1970 (Great Britain, Local Authority Social Services Act 1970). Social service providers are required by the Carers (Equal Opportunities) Act 2004, to educate carers about the right to assessment. Under the Carers (Recognition and Services) Act 1995, Rena can seek an assessment programme to determine whether she can provide or continue to provide care for her husband. Local authorities can make assessments on the basis of legislation that addresses the issues such as Part III NAA, s.2 of the Chronically Sick and Disabled Persons Act 1970 or Schedule 8 of the National Health Services Act 2006. While making such assessments, the needs of the carers must be considered (Great Britain, National Health Services Act 2006 ). 2. The Children Act 1989 provides voluntary and preventative measures that help to maintain the integrity of families. S.17 imposes a general duty on the local authorities that requires them to promote the welfare of children in need. They must ensure that the families of these children take adequate care of them (Great Britain, Children Act 1989). Moreover, this duty also applies to the provision of service plans for children. Section 18 of the Children Act 1989 imposes a duty of care on local authorities with regard to pre - school and other children. As such, local authorities are duty bound to extend these services to children in the age group of five years or less than five years, within their operational jurisdiction. They are also under a duty to take care of children who have not joined or who do not attend schools (Great Britain, CA 1989 ). Schedule 2(8) and (9) specify the services to be provided to children in need. These include advice, guidance, counselling and help at home. S.17(10) provides the definition of a child in need (Great Britain, CA 1989). In the case of Chloe and Lily, their parents are in hospital under the care of their grandmother. The latter had found it difficult to take care of these children who were very young. In addition to this, her husband was ill. This is the situation of their family, and obviously the children can be deemed to be children in need. 3. S. 131(1) of the Mental Health Act (MHA) 1983 states that patients with mental disorders should not be prevented from seeking treatment or admission to a hospital or a mental nursing institution( Great Britain, Mental Health Act 1983). Initially it should be ascertained, whether Irene is willing to undergo treatment. This is in accordance with s.131 of the Mental Health Act (MHA) 1989. Compulsory detention and treatment is to be accorded only as a last resort and that too under certain stipulated exigencies. Social workers are required by various acts like the MHA to render community care services. Moreover, the Human Rights Act (HRA) 1998 specifies that a patient should be treated in an environment that entails the least possible isolation and supervision. In other words, other treatment avenues, like community assessment have to be envisaged. If a mental patient is on the verge of harming herself or others, then under the provisions of s. 4 of the MHA, the patient can be detained and assessed upto 72 hours. In such instances, an approved social worker or the patient’s close relative can apply for such detention. Moreover, in such cases, a single doctor’s recommendation, for the detention is sufficient (Richards, Pp. 25 – 26). Furthermore, s. 2(1) MHA permits detention for assessment upto 28 days. In such cases, a minimum of two registered medical practitioners have to recommend the detention, in writing (Richards, Pp. 24 – 25). 4. One of the children of Jim and Rena, namely Gary was recently the victim of a physical attack. The police managed to arrest his assailant and they informed Gary that the assailant had been charged with malicious wounding; which is dealt with be section 20 of the Offences against the Person Act (OAPA) 1861. This person was to be presented in court in the near future. The prosecution will attempt to charge the accused, with the offence of malicious wounding; which comes under section 20 of the OAPA. Section 47 of the OAPA states that offences relating to bodily harm are to be tried at the Magistrate’s or the Crown court, based on the gravity of the harm caused (Smartt 2008, p. 84). The cases dealt with by the Crown Court are of greater gravity than what are taken up by a Magistrate’s Court. In addition, the Crown Court functions as an appellate court against the sentences passed by the lower court. Blame and liability to a much greater extent are essential in malicious wounding. Moreover, the defendant should have anticipated the risk of harm transpiring. In such cases, a term of imprisonment, not exceeding 7 years is to be imposed, under S. 20 of the OAPA (section 20 of OAPA). S. 48 of the Criminal Justice and Public Order Act 1994, permits a drastic reduction in the sentence, in respect of defendants who plead guilty, during the initial stages of the trial (Davies, Croall & Tyrer, 2005). List of References Compton, A., & Ashwin, Mary, (2000) Community care for health professionals. 2nd edn. Elsevier Health Sciences. Davies, M., Croall, & Tyrer, (2005) Criminal justice: An introduction to the Criminal Justice System in England and Wales. 3rd edn. Dawsonera [Online] Available at: http://www.dawsonera.com (Accessed: 29 April 2009). Great Britain. Children Act 1989. [Online] Available at: http://www.opsi.gov.uk/acts/acts1989/Ukpga 19890041 en 1.htm (Accessed: 29 April 2009). Great Britain. Local Authority Social Services Act 1970. [Online] Available at: http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1970/cukpga_19700042_en_1(Accessed: 29 April 2009). Great Britain. Mental Health Act 1983 [Online] Available at: http://www.dh.gov.uk/en/Publicationsandstatistics/Legislation/Actsandbills/DH_4002034 (Accessed: 29 April 2009). Great Britain. National Health Assistance Act 1948 [Online] Available at: http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1948/cukpga_19480029_en_1(Accessed: 29 April 2009). Great Britain. National Health Services Act 2006 [Online] Available at: http://www.opsi.gov.uk/acts/acts2006/ukpga_20060041_en_1 (Accessed: 29 April 2009). Richards, Marianne, (2002) A Straightforward Guide to Understanding Mental Illness. 2nd edn. Straightforward co Ltd. Smartt, U. (2008) Law for Criminologists: A Practical Guide. SAGE Publications Ltd. Read More