Mental Health & Mental Capacity Law
LB627 Mental Health and Mental Capacity Law ASSESSMENT
(Level 6)
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By submitting this assessment submission, I am confirming that I am fit to sit according to the Assessment Regulations.
Assessment Instructions
You must produce your assessment answer in Word.
Your answer must not exceed 2000 words. Words in excess of the limit will not be marked.
State your word count at the end of your answer.
Type your Student Reference Number on each page of your answer.
Save your coursework with the file name: [Your SRN] – Mental Health and Mental Capacity Law – Assessment
Follow the submission instructions as set out in the Assessment Course.
Learning Outcomes
For this Assessment you will be assessed against the following Learning Outcomes:
Demonstrate knowledge and understanding of relevant mental health law and mental capacity law principles, and the broader context within which the law operates.
Critically analyse complex actual or hypothetical problems and evaluate a range of solutions in the light of the legal issues raised and make critical judgments on the merits of particular arguments.
Undertake directed and self-directed research to retrieve and evaluate accurate, current and relevant information from a range of sources.
Devise and sustain a legal argument, recognising ambiguity and synthesis, using tailored evidence inwriting and be able to community these to specialist and non-specialist audiences.
Communicate clearly and concisely, using correct grammar and spelling, and using appropriate technical legal language where necessary
ASSESSMENT QUESTION
Choose ONE of the following TWO questions. Do not answer both questions.
Question One:
As made clear in the case of Welsh Ministers v PJ [2018] UKSC 66, a Community Treatment Order cannot be used to deprive someone of their liberty. Critically analyse whether Community Treatment Orders are fit for purpose or in need of reform, considering the proposals put forward in the White Paper on Reforming the Mental Health Act.
(100 marks)
Question Two:
Maisie is a 17 year old girl with autism and ADHD. She has complex learning disabilities. Maisie is extremely sensitive to anything on her skin, which means that if a dressing is applied to her or an IV is inserted she becomes very agitated and tends to pick at the dressing or pull out the line. Sudden changes in her routine and living arrangements are very distressing to Maisie, resulting in a tendency to become very upset and physically aggressive.
Three years ago, Maisie was diagnosed with a condition which has caused her kidneys to begin to fail. Up until now, she has been having haemodialysis several times per week. However, her tendency to pull out the IV lines means that the majority of the access points for the lines have now been used, and within the next six months haemodialysis will no longer be possible. Once haemodialysis fails, Maisie will die.
The only alternative treatment is a kidney transplant, which would be estimated to give Maisie another 8-20 years of life. As well as being an invasive treatment in itself, if Maisie tampers with the IV lines which will be required after the operation the success of the transplant could be at risk. There is also a risk that the condition would reoccur in the days following the transplant, meaning that more haemodialysis and also plasma exchange would be required. Both these procedures would mean that Maisie would be hooked up to IVs for many days.
It is therefore felt that the only way for Maisie to have a kidney transplant without being put at serious risk is to be kept under sedation and ventilation for at least five days but up to two weeks if her condition reoccurs. Long term ventilation and sedation like this is not usually done on an elective basis, because of the potential life threatening physical side effects. In addition, because someone who is sedated and ventilated is not unconscious, the treatment can have a huge impact psychologically. It is the view of some experts that the psychological impacts of long term ventilation could be so harmful that Maisie would never be persuaded to go into hospital again.
Maisie’s family want to proceed with the transplant, but her treating team of doctors are not sure that this in her best interests. When asked about the treatment, Maisie just says “I don’t know” or “Whatever you want”.
Critically analyse the arguments which would be raised in relation to Maisie’s treatment.
(100 marks)
