Context The Mental Capacity Act

Introduction:

Based on the Mental Capacity Act, (Section 1), a person with learning disabilities would be assumed to have the capacity of marrying or having sexual relationship with their partner until it is proved in legal process that they are unable to do so. This study would identify the principles of ethics, such as respect, freedom, dignity, responsibilities and the rights that affect the case of Sarah and Daniel Drayton in the given case study. Moreover, this study will also show that how proper intercommunication skill development and communication process can support the case of Sarah and Daniel Drayton in the given case study with the respect and dignity. Additionally, those seeking healthcare dissertation help can benefit from understanding these principles in similar contexts. Finally, this study will also represent a reflective discussion of my learning experience.

Based on the Human Rights Act (1998), people with learning disabilities have their own rights which assist them to get heathy life, good quality lifestyle, strong relationship s and equal facilities (Elliott and Crow, 2015). In case of Sarah and Daniel Drayton they have faced an unfair treatment in terms of developing the relationship with each other. Based on the ill-judgements and the unethical practices that are applied to the case study of Drayton, it can be stated that, the ethical principles such as respect, dignity, freedom, responsibilities and rights are affected in eth case study.

According to Galkienė (2016), dignity is one of the pertinent issues in terms of interacting the people with learning disabilities. In the given case study, Drayton and her groom have experienced lack of dignity and respect that pose several barriers in term of acknowledging their relations and sexual capacity. According to Mental Capacity Act, (Section 1), people with any type of disability, are eligible for having the proper dignity and respect from their surrounding people. In case of Sarah and Daniel Drayton, society does not show any respect and dignity to their relations, rather the society members pose several barriers to their marriage. Based on the Community Care Law, in case of tab disabled people, it is important that they would receive proper care, support and assistance from their community in every aspects of their life. In the case study, the couple not only has faced the severe discrimination and social barriers but also experience the humiliations and abuse in terms of getting marry to each other and making sexual relations between them. This social action interferes with the ethical principles that are associated to safeguarding the disabled people from the abuse and harm. In her case, she not only has faced severe discrimination and social barriers regarding her marriage but also, she experienced the ill-judgement on her ability to make sexual relationship. She has been forced to take part into the capacity assessment process, in which it has been judged that whether she is able to have the sexual relationship without creating any risk of abuse as well as exploitation. This kind assessment process interferes with the ethics of dignity in form of barren environment, little privacy on the personal life and inflexible regime. Based on the Mental capacity Act (2005) and Community Care Law, the society people and social care professional cannot make any judgement on the sexual and personal capacities of the people with disabilities until conducting all the possible practicable steps with these disable people. according to Wood et al. (2019) based on the principles of dignity in case of learning disable people, it is important to apply different interactive process to assess the ability of people with learning disabilities such as communicating with them when they are most alert or recording their viewpoint when they are comfortable. On analysing the case of Drayton, it has been stated that, Drayton and her groom have suffered due to the poor social assumption that, if someone has learning disability, he or she would definitely lack the capacity to marry someone or make sexual relationship. This thought as well as social perspective not only damages the ethical aspects of dignity, moreover created high level of unethical barriers and discriminative regime that interfere with the core principles of the ethics.

Based on Human Rights Act (1998), Freedom to have the sexual relation and the freedom to marry to some of own choice are the legal; rights for all the people (Liasidou and Mavrou, 2017). Mental Capacity Act (2005) and Disability Discrimination Act (1995), acknowledge the fact that, people with severe learning disabilities can have the sexual and relations needs. In case of Drayton, this right of freedom to marry and have sexual relations with partner has been restricted by then society people. This type of ill treatment in case of, Drayton can be considered as one of the discriminatory and violent practices against the couple with learning disabilities which affect the freedom and right of the learning disabilities. Moreover, this type action of the society to pose strong constratints on the marriage of this couple, can be considered as the breach to the Human Rights Act (1998) and Mental Capacity Act (2005). Based on the Marriage Act (1949), (Section 23 B), marriage is considered as the consensual, of the both parties are at the legal age and are agreed to form the marital relation with each other with their full consent. Therefore, in the given case study of Sarah and Daniel Drayton, as they are adult, they have the freedom to marry and making sexual relations with each other. In this context, the social barriers, discrimination and biases posed by the society people on Sarah and Daniel Drayton, is highly unethical and illegal. Moreover, Human Right Act (1998) (Section 2: Human rights and disabled), if the both parties are of; legal age and they make their full consent to have sexual relationship with their partner, then their relationship needs to be acknowledged under the human rights policies. in the case of Sarah and Daniel Drayton, society not only deny their relations but also pose the illegal questioners on their sexual, ability, which is completely unethical and illegal based on eth Human Rights Act (1998). In case of, Drayton, although she has failed the capacity assessment test, the assessor acknowledge that she has strong understanding of marriage and relations. Moreover, she and her partner have full consent to marry each other and make sexual relations with each other. Therefore, the social barriers and restriction that are pose on them highlights the illegal as well as unethical practice that interferes with person’s freedom.

As stated by Sengupta et al. (2019), people with learning disabilities needs to be dealt with proper respect and dignity. Based on Mental Health and Disabilities Act, for the people with learning disabilities, it is important to focus on capabilities rather than highlighting their inability and weakness. In this context, society needs to focus on strengthening the ability and strength of Sarah and Daniel Drayton, instead of pointing out on their inability and weakness that make them more psychological damaged. Sarah and Daniel Drayton have to face the poor assessment process of the society that focuses on demonstrating their inability to make relationship with each other. Moreover, the process of posing social and religious barriers on the couple to stop them to marry each other, not only disrespect their emotion but also destroy the ethical aspects that are associated with the respecting people. Based on guidelines of Mental Health and Disabilities Act, through conducting mere assessment, society cannot make any judgement on eth ability and strength of disabled people. moreover, the Act also focuses on the fact that, rather than making any ill-judgement on any disabled people, it is important for eth society to understand the actual guidelines and principles of the disability acts and apply these guidelines in terms of assisting these disabled people. As stated by Liasidou and Mavrou (2017), every consideration of the policy and acts, is associated with developing the humanity and faith among the people, through which they can gain the happiness through interacting with different people surrounding them. However, there are some social barriers and rituals, that interfere with the basic emotional and relations needs of the people who suffer from learning disabilities. In case of Sarah and Daniel Drayton, they are the victim of this interference caused by the society, that not only disrespect their emotion but also pose thebe unethical and illegal constraints on their freedom and rights. In order to evaluate the case of Drayton, Dan Scorer, head of Policy at Mencap, stated that, in the society, there is poor understanding about the principles and policies of Mental Capacity Act, which makes the society members unable to how to use the act into practice. Based on this aspect, it is highly unethical to interfere with the freedom of disabled persons in order to marry and making sexual relations with their partner of their own choice. In case of Sarah and Daniel Drayton, society needs to respect their decision to marry each other, rather than posing religious and social barriers on them. According to Cucolo and Perlin (2017), society people and professional are so quick to make their ill-judgement regarding what the people with disabilities can do and can’t. This is the process to disrespect their emotion, viewpoints and abilities, that establish the unethical framework in the society for dealing with such disabled people.

Responsibilities:

According to Grove and Woll (2017), it the responsibility of society people and the professionals to provide proper respect, care, dignity and importance to the people with learning disabilities, based on Human Rights Act (1998), people with learning disabilities have rights to marry with their own choice if they attain the legal age and both the partner have full consent to their marriage. However, based on the case of Drayton, Sexual Health Charity, highlights the fact that, although disable people have rights to marry their partner and have sexual relationship, in most of the time they fight for the right to marry , which is now considers as the wider battle in the society for the people with learning disabilities, this type of battle proves the irresponsible approach for the society people, that not only damage the principles of ethics, but also reveals the shameful truth of the unsupportive social framework for the disable people.

Based on the ethical principles such as dignity, respect, responsibilities, rights and freedom, Human Right Act (2005) highlights the importance of conducting all the possible practicable step, such as communication, interaction and developing the interpersonal communication in case of the person with disabilities.

As stated by MacArthur et al. (2015), effective communication is one of the important process that assist the people with learning disabilities to express their viewpoint and needs in front of the society people. it is important for the people with disabilities to show proper respect and dignity to their viewpoints, decisions and emotional. In case of Drayton in the given case study society as well as the professional should improve the communication with the couple regarding their relationship, emotional and marriage needs, rather than making prejudices about their relational and sexual inability. Based on the Disability Discrimination Act (1995), the parliament of UK, highlight the importance of protecting the social, legal and emotional rights of eth people with disability with offering them proper dignity, respect and freedom. Based on the Mental Capacity Act (2005) (Section 1), any person with disabilities can be considered as disables until it is proved through legal process. Moreover, the act also communicational and verbal interaction with person with learning disability is one of eth important practicable way which can assist eth professional to collect the decisions, viewpoints and opinions of disabled person.

For example, through interacting with disabled people, at the time when they are most alert or conscious, it is possible to understand their decisions, emotions, perception. In the case study, professional can make possible verbal interaction with eth Drayton and her groom when they are at comfortable mood, in order to understand their needs, desire, emotional and weakness, rather than conducting the unnecessary capacity assessment test that can interfere with their privacy and emotion. Moreover, communicational with their parents, would be another more important and useful process in gaining proper information regarding ability and needs of disabled people, in case of the Drayton, her mother can assist the professional and society members to understand what Drayton feel about the relationship and how she can manage the relationship with her mother and other people surrounding her. Through communication, professional can also offer the opportunity to the people with disabilities to express their own opinions regarding their relations and sexual needs, understand about their relationship and their own emotion. Therefore, it can be stated that in case of Drayton, communicational process, is one of the most effective processes that can offer the dignity and respect to the relationship between the Drayton and her groom.

Based on the Mental Capacity Act (2005), interpersonal is one of the important aspects that the people with learning disabilities needs to develop in order to express their physical, psychological, emotional, social and relations needs. As stead by Seale et al. (2015), in case of people with learning disabilities society needs to focuses on developing their interpersonal skill such as self-confidence, positive attitude, string communicational ability and listening skill. In the given case study, Drayton and her groom have faced severe restriction from the society regarding their relations, marriage and sexual abilities, which not only damage their psychological strength but also interfere with the ethical principles. In this case, society members and professionals need to focus on developing the interpersonal skills for both Drayton and her groom rather than focusing on highlighting their weakness and inabilities. Following are the important interpersonal skills on which the society members need to focus:

According to Ignagni et al. (2016), effective verbal communication in case of the disabled people, brings more clarity in the speech and expression. Through improving the verbal communication, society can improve the ability of Drayton in the case study to express her viewpoint, emotion, decision and ability. Through developing the ability of forming sentences and express the viewpoint in case of the disabled people, is one of the important tasks which not only brings their dignity and respect but also improver their self-confidence.

Based on the Disability Discrimination Act (1995), it can be stated that people with learning disabilities needs to develop their listening ability, which would assist them to understand and interpret the statement of other people. as stead by French (2017), if the people with; learning disability can understand the perspectives and opinion of the surrounding people, they can easily make the proper response. In case of Drayton, although she and her groom have learning disability, but they have proper understood of relationship and marriage. Therefore, it is important for the society people to improve her listening ability which would assist Drayton and her groom to listen, understand and interpret the statement of the surrounding people. moreover, it is also important that, the surrounding people will also listen to the decisions and viewpoints of Drayton and her groom, which is not followed in the case study. UK Equality Act (2010), highlights the important of developing listening skill in the disabled people, so they can listen to and understand their own rights, opportunities and obligations.

As stated by Douglas et al. (2015), people with learning disabilities need to develop proper problem-solving ability and decision-making power. In the given case study, society people and professionals pose several social barriers on Drayton relationship and her sexual ability. according to Human rights policies UK government, it is important for the professionals and society to assist the people with learning disabilities to develop their problem-solving skill, rather than highlighting their issues and disabilities. Through developing the problem-solving skill, Drayton and her groom would be able to deal with any issues in the post-marriage life. Moreover, in case of the marriage and relations on two disabled people, it is important develop their problem-solving skill which assist them to improve their understanding of relations, competencies and dedicational towards each other, therefore, it can be stated that, Drayton and her groom neds to develop the proper problem-solving skill in terms of improving their own understanding which and make their relationship stronger.

According to Heslop and Glover (2015), social awareness, is important interpersonal skill, for the disabled people, that make them up to date with the society. They understand the current social status, social values and perception which can improve their relations with their society people. in case of Drayton, she has received ill-treatment from the society which not only damage her self-confidence but also destroy the trust worthy relationship with society. Based on the Human Right Act (2005), all the disable people have rights to get the information regarding the social status and policies. Drayton needs tom be aware about the social policies, perspectives and emotional, that will help her and her groom to cope with the interaction with the society. Moreover, social awareness would improve the ability of Drayton and her groom to respond better to the social situation. For example, society did not make any approval on Drayton’s marriage with her partner, which poses severe destruction on the emotional, psychological and social strength of the couple. Social awareness would assist Drayton and her groom to cope with such situation in future and taken necessary steps, to deal with each situation.

Effective communication process can be used in the for implementing the above-mentioned ethical principles into practice in terms of offering the disabled people proper dignity and respect. The process are as follows:

Through making regular interaction with the disabled people, it is possible for the community to understand their emotional, dependence and relational needs. In care of Sarah and Daniel Drayton, local health acre community needs to arrange the weekly communication with the couple, to understand their viewpoint, opinion and the decision. Through this discussion and face-to-face interaction process, it is possible for the society to evaluate the actual strength and weakness of the disabled people, which will assist the society members to apply the ethical principles into practice.

Through conducting the training and psychotherapies, health and social workers can effectively communicate with the disabled people. throughout the training process, during the counselling and psychotherapies, psychiatrist would be able to understand the actual psychology of the disabled people. in case of Sarah and Daniel Drayton, this process can be highly effective to understand and respect their emotion, decision and psychology, which can assist the society to implement the ethical principles into practice.

By creating receptive atmosphere for the disabled people, it is possible to involved them, in effective communication, in case of Sarah and Daniel Drayton, they need positive and friendly environment, in which they can share their emotion, decision, issues and preference. Through providing bias-less, and discrimination free, environment to the disable people, society can apply all the ethical principles such as respect, dignity, freedom and rights into the practice, while communicating with disable people.

Based on the analysis of the given case study of Drayton, I am able to develop my understanding regarding the rights of people with learning disabilities in terms of fulfilling their relations needs. From the case study, I have gained the knowledge regarding ethical principles such as respect, dignity, responsibilities, freedom and rights, which are important while dealing with people with learning disabilities. Through this case study, I can improve my skill and knowledge regarding how to deal with disabled people and the way to assist them. For example, this case study teaches me how to implement the effective communication process into practice in order to maintain the ethical principles while working with the disabled people. During my course of working I can also use face-to afce communication, open meeting, psychotherapies and the positive environment setting, in order to implement the ethical principles into practice while conducting the effective communication with disabled people.

By evaluating the case of Drayton, I am able to understand my areas of improvement on which I need to focus to make heathy relational with disabled people or understanding their needs. For example, during my working with the disabled people, I always focus on evaluating the strength of the disabled people rather than pointing out their weakness. moreover, I would conduct the regarding interaction with the disabled people in terms of understanding their exact psychology, which would assist me to offer them proper respect, dignity and freedom based on their needs.

This case study also assists me to understand the ways, through which I can improve my interpersonal skills, which needs to understand the emotional. Perspectives and decision of the disabled people. By improving my non-verbal communicational skill, verbal communicational skill, communicational ability, interactive ability, listening skill and learning abilities, I can better communicate with the disabled people in my; locality. For example, during working with the physically handicapped people, I would use proper sign and actions, such as facial expression, gesture posture, behaviour and eye contact in order to communicate with them. Moreover, I would use the written communication process, if the disabled persons are able to read and write, in order to understand their issues, decision and preference. Moreover, this case study would shed lights on the legal rights, policies and legislations on the relational needs of disabled people. through understanding these legal aspects, I can improve my ability to respect and understand the relational needs of people with disabilities, through this case study, I am able to get proper knowledge regarding rights to marriage and rights to developing relations in case of the disabled people.

Moreover, this case study is helpful in developing my understating regarding the ways to assist the ability and strength of disabled people. I learn through this case study that, disabled people need encouragement, assistance and positive feedback, rather than critic of their abilities. Through this case study I understand how to respect the privacy and personal life of disabled people, as they also have the freedom to chose their own partner based on their own choice. This case study assists me to improve my perspective and opinion on the disabled people and their rights. Through improving my knowledge on the disabled people, I can assist them to met their personal and professional needs. Through providing support, care and respect, I can assist them to improve their lifestyle and their living standard which is important for developing their physical and psychological wellbeing. Through maintaining the proper prelateship with the people with disabilities the I can be able to improve my understanding regarding the needs and choices of disabled people.

Therefore, I can improve my skills, interpersonal ability and understanding through this case study analysis. The case study teaches me about the legal rights and obligations for the disabled people which is important to offer dignity and respect to them.

Conclusion:

From the above discussion, it can be concluded that, disabled people have their rights and freedom to marry of their choice and have sexual relation. Society and professionals should respect the decision and opinions and viewpoint of the disabled people. Instead of making prejudices regarding the capability and inability of disabled people, society needs to focuses on developing the interpersonal skill of the disabled people. This assignment concludes that, in order to implement the dignity and respect to into practice while working with disabled people, it is important to maintain effective communication with them. Through communication, society can understand the actual psychology and the decision of these people. moreover, society also have the misperception, regarding the guidelines of different acts and laws that are set to assist the disabled people, such as Mental Capacity Act (2005) and Human Right Act (1998). Due to this misperception, society can make any prejudice about the behaviour and activities of disabled people. therefore, it is high time it improves the social awareness regarding the principles and guidelines of these disability acts. Moreover. Awareness campaigns are also another effective process, through which health professional, and local health committees can raise voice against the violence, abuse, unethical activities and discrimination towards the disabled people. Through setting legal principles for the society care homes and the health care committees, government can assist the disabled people to get their respect, freedom and dignity in this society,

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