The first Mental Health Act (MHA) was passed by the government in 1959 (Turner et al, 2015), just 10 years after the NHS was founded in 1949 (Nuffield Trust, 2020). Since this law was passed it has had a further 2 amendments, one in 1983 and another in 2007 (Mind, 2018). The first mental health act was responsible for bringing both physical and mental health together under a single service, known as the NHS. This act was one of the first steps made to make a more inclusive practice (Turner et al. 2015). The MHA outlines a vast array of areas within metal health from things like your capacity to make your own decisions to things like access to services and support (Mind, 2018). One key aspect of the MHA is that of the fact that your right to object to treatment can be taken away from you if others believe that the treatment would be beneficial to the individual (Mind, 2018). I feel as though this is an obscure view on when people should be refused a choice. I understand that some professionals may feel as though treatment is needed for their 'condition' but if the individual doesn't want to partake in the therapy/treatment how is it going to help the individual if they are unwilling to engage? Oh yes, the MHA allows for forced treatment and medication because someone deems the individual incapable of making the decision for themselves due to their mental health (Mental Health act, 1983). How is this fair? In my opinion nobodies free will should ever be taken away from them. What sort of life is that? Not one that I would want that's for sure. My view is similar to that or Laing (2010), people who are forced treatment and forced to take medication do not tend to have as much success in coping with their mental health condition as those who are given free will and support with their mental health through the use of talking therapies as opposed to medication.
Another important Legislation in UK law is that of the Mental Health Capacity Act (MHCA) that was introduced in 2005. This act looks at how people who 'lack capacity' can have their decision-making ability taken away from them, this can be both voluntary but can also be made for them (Mind, 2017). The MHCA can have its benefits in some instances, for example dementia, people could make the decision to hand over their decision-making ability to someone they love and trust whilst they feel they are still able to make an informed decision (Mind, 2017). This in my opinion is more acceptable as they have chosen someone, at their own free will, that they trust to make the decisions for them. However, some people who experience mental health conditions can have this right taken away from them because someone doesn't deem them fit enough to make decisions for themselves, even if the individual disagrees. I personally feel as though this is not right and could have a detrimental effect on an individual's ability to both recover but also to trust in the people providing the treatment.