Good Practice in Action 057 Legal Resource - BACP

1 good Practice in Action 057. Legal Resource suicide Legal issues when working in the counselling professions in England and Wales good Practice in Action 057 Legal Resource suicide Legal issues when working in the counselling professions in England and Wales good Practice in Action 057. Legal Resource Updated June 2019. Copyright information: good Practice in Action 057 Legal Resource : suicide - Legal issues in the context of the work of the counselling professions in England and Wales is published by the British Association for Counselling and Psychotherapy, BACP House, 15 St John's Business Park, Lutterworth, Leicestershire, LE17.

2 4HB. T: 01455 883300 F: 01455 550243. E: BACP is the largest professional organisation for counselling and psychotherapy in the UK, is a company limited by guarantee 2175320 in England and Wales, and a registered charity, 298361. Copyright 2015-2019 British Association for Counselling and Psychotherapy. Permission is granted to reproduce for personal and educational use only. Commercial copying, hiring and lending are prohibited. Design by Steers McGillan Eves. 3 good Practice in Action 057 Legal Resource suicide Legal issues when working in the counselling professions in England and Wales Contents Context 5.

3 Using the Legal resources 5. Introduction 5. 1 Is suicide illegal? 6. 2 Duty of care in relation to suicidal clients, risk assessment and referral 8. 3 Confidentiality, disclosures and consent 10. Mental capacity 11. Mental capacity and consent for children and young people under the age of 18 13. Mental capacity: young people aged 16-18 14. Where a 16-18 year old has capacity, but refuses consent 14. Where a 16-18 year old lacks capacity 14. 4 Assessment and management of risk and the therapist's duty of care 15. Risk assessment in the context of suicidality 16. Referrals 16.

4 4 good Practice in Action 057 Legal Resource suicide Legal issues when working in the counselling professions in England and Wales 5 Hospital admissions, and managing suicidality in residential care 18. Admission under Section 3 of the MHA for treatment 18. Admission under Section 2 of the MHA for assessment or under Section 3 of the MHA. for treatment 19. Emergency admissions for assessment and /or treatment under Section 4 of the MHA 19. 6 Legal definitions relevant to suicide 20. About the author 23. Cases 23. Statutes 23. Statutory Instruments 24. References and further reading 25.

5 Useful contacts and resources 29. 5 good Practice in Action 057 Legal Resource suicide Legal issues when working in the counselling professions in England and Wales Context This Resource is one of a suite prepared by BACP to enable members to engage with the current BACP Ethical Framework (BACP 2018) in respect of the law relating to suicide in England and Wales. Using the Legal resources Legal resources support good Practice by offering general guidance on principles and policy applicable at the time of publication. These resources should be used in conjunction with the current BACP Ethical Framework for the Counselling Professions (BACP 2018).

6 They are not intended to be sufficient for resolving specific issues or dilemmas arising from work with clients, which are often complex. In these situations, we recommend consulting a suitably qualified and experienced lawyer or practitioner. Specific issues in Practice will vary depending on clients, particular models of working, the context of the work and the kind of therapeutic intervention provided. Please be alert for changes that may affect your Practice , as organisations and agencies may change their Practice and policies. References were up to date at the time of writing but there may be changes to the law, government departments, websites and web addresses.

7 Quick Guide Where to find information Question Part Is suicide illegal? 1. What is the duty of care to a suicidal client? 2. When and how might I make a disclosure in relation to a suicidal client? 3, How do I assess the risk? 4. What is the law relating to clients in hospital? 5. Useful definitions of relevant Legal terms 6. Introduction This Resource refers to law in relation to suicide as it applies to the provision of services by the counselling professions in England and Wales. Although some Legal provisions may apply to other jurisdictions, additional statutory provisions and regulations are made for other regions in the UK.

8 For this reason, BACP may be publishing additional resources on the law on suicide in relation to the counselling professions specifically in relation to Northern Ireland and Scotland. 6 good Practice in Action 057 Legal Resource suicide Legal issues when working in the counselling professions in England and Wales suicide is never an easy thing to think about, and it is a difficult subject for law making. suicide affects not only the individual contemplating it, but also their friends, family, work colleagues and social groups. The manner of a suicide may have a direct impact on the health and welfare of others.

9 There is also the issue of politically motivated suicide as an act of terrorism. suicide may affect others who experience deep feelings about the loss, and the manner of the death. Contemplation of and preparation for suicide , when presented as an issue in the course of therapy, is likely to generate a variety of challenging issues and emotions, and for this reason, our professional ethics must have a certain level of flexibility to cover all the wide variety of situations that may present themselves. Therapists are required under the Ethical Framework for the Counselling Professions (BACP 2018) (the Ethical Framework) to work within the law, and so a knowledge of the law as it applies to suicide and to what may be a complex therapeutic dilemma is helpful, particularly in considering our duty of care, risk assessment, consent and referral issues.

10 1 Is suicide Legal ? suicide is defined here as the act of taking one's own life. Under section 1 of the suicide Act 1961 it is not a criminal offence to carry out suicide . To do an act that ends the life of another person can amount to the criminal offence of murder or manslaughter. This law applies, even when the person carrying out the act believes that they are carrying out the express wish of the person who dies. Attempts to carry out such acts may also constitute a criminal offence. See the Policy for Prosecutors in Respect of Cases of Encouraging or Assisting suicide .