Legal capacity and the mental health social worker role: an international comparison

New capacity laws have been introduced to many jurisdictions over the last decade. These laws have substantially changed the way in which mental health social workers and other professionals approach decisions about, and for, clients. Most notably, there is now an expectation that mental health soci...

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Bibliographic Details
Published in:Journal of social work practice 2018-04, Vol.32 (2), p.139-152
Main Authors: Campbell, Jim, Brophy, Lisa, Davidson, Gavin, O'Brien, Ann-Marie
Format: Article
Language:English
Subjects:
capacity laws
Clinical decision making
Decision making
Efficacy
Employment policies
human rights
International comparisons
Law
Medical social workers
Mental health
Mental health services
Mental health social work
People with disabilities
Recovery
Rights
Social work
Social workers
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Summary:New capacity laws have been introduced to many jurisdictions over the last decade. These laws have substantially changed the way in which mental health social workers and other professionals approach decisions about, and for, clients. Most notably, there is now an expectation that mental health social workers engage more in supported decision-making to prevent the need for substitute decision-making. This article describes the legal and policy drivers that have led to these changes in practice, with a particular emphasis on the significance of the United Nations Convention on the Rights of Persons with Disabilities (the UNCRPD) and the importance of recovery approaches in mental health services. It then uses selected literature to explore the efficacy of the laws and decision-making in this area. The second part of the article identifies the role that mental health social workers can play in supporting legal capacity, drawing from the authors' experience and knowledge of mental health social work and law in four jurisdictions: Victoria, Australia; Ontario, Canada; England and Wales; and Northern Ireland. It is concluded that mental health and other social workers need to refine skills, knowledge and values to accommodate this paradigm shift in law, policy and practice.
ISSN:0265-0533
1465-3885
DOI:10.1080/02650533.2018.1439458