Expanding roles within mental health legislation: an opportunity for professional growth or a missed opportunity?

Abstract

This paper aims to highlight both the necessity, and the way forward for mental health nursing to integrate proposed legislative roles into practice. Argued is that community mental health nursing, historically absent from active participation within mental health law in the UK, is faced with new and demanding roles under proposed changes to the 1983 Mental Health Act of England and Wales. While supporting multidisciplinary training for such roles, the imperative of incorporating nursing specific values into consequent training programs is addressed through the offered educative framework. This framework explores the issues of power, ethics, legislative thematics and application to contemporary service structures.

Strange bedfellows? Nurses as Responsible Clinicians under the Mental Health Act (England & Wales)

“…Can a nurse be a nurse some of the time and a MHA RC for the rest of their time?

The personal competence, ethics and initiative of the individual nurse will determine their interpretation of the proposed roles and the success of its implementation. (Hurley & Linsley , 540)

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A Critical Review of the Approved Mental Health Professional Role and Occupational Therapy

“…There is literature relating to the Mental Health Act amendments (Carr 2008, DH 2008b, Hall and Ali 2009 and also to the broadening of professional groups eligible to undertake the AMHP role , Symington 2008. Most literature originates from other disciplines, particularly social work , Campbell 2010, nursing (Hurley and Linsley 2006, Hurley and Linsley 2007, Harvey 2010, psychiatry (Thornicroft and Szmukler 2005) and psychology (Holmes 2002). There is limited information focusing on challenges faced by occupational therapists undertaking the AMHP role, particularly in respect of values and if these would be compromised.…”

Improving the ability of mental health nurses to give second opinion in Judicial Reviews: an evaluation study

“…Adopting formal statutory roles are perceived as being a legitimate responsibility for the profession (McKenna et al . 2006a, Hurley & Linsley 2007). However, there is debate within the profession as to the extent to which such roles impact on the therapeutic relationship and advocacy on behalf of service users when the need arises (Fishwick et al .…”

“…There is consensus though, that statutory roles can only be assumed and effectively undertaken with substantial educational input (O'Brien & Kar 2006). This education needs to focus on knowledge and skill development in applying the law; ethical reasoning; an ‘unwavering user‐centred approach’; the ability to work with the multidisciplinary team; and the development of the ‘emotional resilience’ required in undertaking such demanding roles (Hurley & Linsley 2007, p. 537).…”