Approved mental health professional
Approved Mental Health Professional (AMHP)
The role of Approved Social Worker, or ASW, has now been replaced by that of Approved Mental Health Professional, or AMHP, in England and Wales.
The 2007 amendment of the Mental Health Act 1983 abolished the professional role of the Approved Social Worker and created that of the Approved Mental Health Professional [1]. This role is broadly similar to the role of the Approved Social Worker but is distinguished in no longer being the exclusive preserve of social workers. It can be undertaken by other professionals including community psychiatric nurses, occupational therapists and psychologists.
Professional Role
Approved Mental Health Professionals (AMHPs) are trained to implement elements of the Mental Health Act 1983, as amended by the Mental Health Act 2007, in conjunction with medical practioners. They have received specific training relating to the application the Mental Health Act, usually lasting one year, and perform a pivotal role in assessing and deciding whether it is necessary and justifiable to detain applicable mentally disordered people.
Assessment and detention under the Act is colloquially known as being 'sectioned', or 'sectioning', in reference to the application of sections of the Mental Health Act relevant to this process.
Mental Health Act assessments
AMHPs are responsible for organising and co-ordinating, as well as contributing to Mental Health Act assessments. To be detained under the Mental Health Act (1983), individuals need to be assessed as suffering from a recognised mental disorder of a nature or degree which warrants detention in hospital on the grounds of health or risk to themselves or others[1]. The AMHP's role includes arranging for assessments of the person concerned by two independent medical practioners and interviewing the individual themselves. Efforts should be made to seek alternatives to coercion, in line with the principle of care in the least restrictive environment [2]. AMHP's are expected to take account of factors such as culture, race, age, sexuality and disability in their assessments[2]. Efforts should be made to overcome any communication barriers, such as to do with language or deafness, and interpreters may be requested[2].
The Nearest Relative
An important factor in assessments is the role of the Nearest Relative. This is determined according to a specific hierachy outlined in the Mental Health Act (1983). If the individual is to be assessed under Section 2 (assessment) of the Act, the AMHP is expected to make reasonable efforts to contact the Nearest Relative, ask their opinion and to inform of their right to request discharge of the person concerned[2]. If the individual is to be assessed under Section 3 (treatment) of the Act, the AMHP must ask the Nearest Relative if they object to the individual being detained and if they do then the detention cannot go ahead[2]. The rules around the Nearest Relative are quite complex. There are occassions when the Nearest Relative need not be contacted or may be displaced.
Making the application
If the both medical practioners agree that the person needs to be detained under the Mental Health Act then the AMHP is able to make the final decision as whether to proceed with the application. Assessments by medical practioners need to take place within 5 days of each other[2]. AMHPs then have up to 14 days from the time of the final medical assessment to make a decision. If deciding to detain the individual AMHPs are then responsible for organising their conveyance to hospital, which is usually done by ambulance[2]. They are expected the meet the individual at the hospital and to hand over verbally and in writing to nursing staff, handing in Mental Health Act papers for them to be processed by the relevant Mental Health Act Manager[2].
Further Reading
The Mental Health Act Code of Practice is the best guide to the roles and responsibilities of each professional involved in Mental Health Act assessments. Though not statute law it functions as guidance which professionals are expected to follow or give good reason and rationale for not doing so.
Richard Jones's Mental Health Act Manual (11th edition) has long been a standard reference for Approved Social Workers and now AMHPs. It details statute law and guidance with detailed notes and reference to case law.
The Nearest Relative Handbook by David Hewitt details the complicated legal issues around the definition of, powers, declaration and displacment of the Nearest Relative and has been updated to include the new amended Mental Health Act 2007.
References
- ^ a b http://www.opsi.gov.uk/acts/acts2007/ukpga_20070012_en_1 Mental Health Act 2007. NB. amended Act continues to be known as the Mental Health Act (1983).
- ^ a b c d e f g h http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_084597 Mental Health Act (1983): Code of Practice (Revised 2008)