Purpose -This study explores the similarities and differences of legal responses to older adults who may be at risk of harm or abuse in the UK, Ireland, Australia and the United States (US).Design -The authors draw upon a review of elder abuse and adult protection undertaken on behalf of the Commissioner for Older People in Northern Ireland. This paper focuses on the desk top mapping of the different legal approaches and draws upon wider literature to frame the discussion of the relative strengths and weaknesses of the different legal responses.Findings-Arguments exist both for and against each legal approach. Differences in defining the scope and powers of Adult Protection Legislation in the UK and internationally are highlighted.Limitations-This review was undertaken in late 2013; whilst the authors have updated the mapping to take account of subsequent changes, some statutory guidance is not yet available. Whilst the expertise of a group of experienced professionals in the field of adult safeguarding was utilised, it was not feasible to employ a formal survey or consensus model.Practical implications-Some countries have already introduced APL and others are considering doing so. The potential advantages and challenges of introducing APL are highlighted.Social implications -The introduction of legislation may give professionals increased powers to prevent and reduce abuse of adults, but this would also change the dynamic of relationships within families and between families and professionals.Originality-This paper provides an accessible discussion of APL across the UK and internationally which to date has been lacking from the literature.
<p>Since 2002 there has been a broad and extensive process to develop new legislation relating to mental health and mental capacity which is of interest as it represents a new departure in terms of such legislation. The Mental Capacity Act (Northern Ireland) 2016 legislates a fusion approach to mental capacity/mental health law. The provisions of the Act apply in general to people who are aged 16 and over and it goes beyond a proposed ‘model law’ of the fusion type in that it incorporates criminal justice provisions.</p><p><br />This article provides an overview of the process of development of the Mental Capacity Act (Northern Ireland) 2016. The Act has its origins in the Recommendations of the Bamford Review of Mental Health and Learning Disability which are considered first. The publication of these recommendations was followed by an extended policy development process which is discussed next. Following an overview of the contents of the Act, key issues which emerged during the policy development and legislative processes are outlined.</p>
Although Northern Ireland has high levels of mental health problems, there has been a relative lack of systematic research on mental health services that can provide an evidence base for legal, policy, and service developments. This article aims to provide a review of the central issues relating to mental health service provision in Northern Ireland, and to gather the perceptions of different stakeholders of these services. The study utilised in-depth qualitative interviews, focus groups, and an online survey to collect data from respondents throughout the region. This method involved the completion of semistructured interviews with significant mental health commissioners and senior managers, and with service-users and their key workers. Focus groups sessions were also completed with mental health professionals, service-users, and carers. Data collection occurred between December 2014 and June 2015. Thematic analysis was used to identify key issues. The findings identified that considerable progress had been made not only in the development of mental health services in the last decade, but also highlighted the significant limitations in current services. Most notably, strengths in provision included the transition from long-stay hospital care to community-based services and person-centred approaches. The researchers identified the need to improve funding, address problems with fragmentation, and gaps in service provision. Based on these findings, the authors consider the implications for practice and policy relating to the human and organisational aspects of service development. In particular, services should be developed focusing on a recovery ethos and on person-centred and relationship-based approaches. The needs of carers should additionally be considered and programmes developed to tackle stigma.
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