Approved Mental Health Professional replaces Approved Social Worker
"Approved mental health professional" is defined in s114 as:
- (a) in relation to acting on behalf of a local social services authority whose area is in England, a person approved under subsection (1) above by any local social services authority whose area is in England, and
- (b) in relation to acting on behalf of a local social services authority whose area is in Wales, a person approved under that subsection by any local social services authority whose area is in Wales.
The obvious difference with the old Approved Social Worker is that the AMHP need not be a social worker.
Commencement
| Date in force | Commencement order | MHA 2007 section | MHA 1983 sections affected |
|---|---|---|---|
| 1/10/07 | Mental Health Act 2007 (Commencement No. 3) Order 2007 | 19, 20 | New s114A [and CSA 2000 amended] |
| 1/4/08 | Mental Health Act 2007 (Commencement No. 4) Order 2008 | 18 (for the purpose only of making regulations) | |
| 1/4/08 | Mental Health Act 2007 (Commencement No. 4) Order 2008 | 18 (partially) | New s114(9) and (10), defining "the appropriate national authority" and "approved mental health professional" |
| 3/11/08 | Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 | 18 (remainder, England only) | New s114 |
| 3/11/08 | Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 | s21 and sch 2 (England only) | s4, s8, s10, s11, s13, s14, s18, s21B, s29, s30, s40, s87, s88, s89, s115, s118, s135, s136, s138, s145 |
| 3/11/08 | Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 | s18 (remainder, Wales); s21 and sch 2 (Wales) | As above |
External links
Please see the external links here: Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08
INFORMATION
Changes made by MHA 2007 category:
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Additional safeguards for ECT introduced in new s58A
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
- Approved Mental Health Professional replaces Approved Social Worker
- Automatic reference scheme under s68 changed
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Civil partners are treated as if married when determining nearest relative
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Fundamental principles set out in Act and included in Code of Practice
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Hospital directions under s45A apply to any mental disorder
- Legal status of Code of Practice set out in Act
- Limitation to the exceptions to the duty to instruct IMCA
- Mental disorder no longer split into separate classifications
- Minor drafting error in MCA 2005 corrected
- New cross-border arrangements for leave and transfer
- New definition of medical treatment
- New Independent Mental Health Advocate scheme
- New procedure for renewal of detention
- New regulations on conflicts of interest
- New requirements for age-appropriate accommodation for children
- NHS Foundation Trusts discharge power problem remedied
- Organisation of Mental Health Review Tribunal changed
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
- Patients can be transferred between places of safety under s135 and s136
- Procedure for making of instruments by Welsh Ministers set out
- Reference to Local Health Boards inserted into Act
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Restriction orders can no longer be time-limited
- SOAD certificate becomes invalid when patient loses or gains capacity
- Some exclusions to definition of mental disorder have been removed
- Supervised Community Treatment replaces Supervised Discharge
- Transitional provisions until full implementation of MHA 2007
- Treatment while under SCT is covered by new Part 4A
All information categories:
- Aftercare
- Changes made by MHA 2007
- Coronavirus
- CPD
- General information pages
- International law
- Legal Aid
- Legislation overviews
- Nearest relative
- Other jurisdictions
- Statistics
- The Law Society
Other information pages:
What links here:
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Additional safeguards for ECT introduced in new s58A
- Approved Mental Health Professional
- Approved Social Worker
- MHA 1983 s10
- MHA 1983 s11
- MHA 1983 s114
- MHA 1983 s114A
- MHA 1983 s115
- MHA 1983 s118
- MHA 1983 s13
- MHA 1983 s135
- MHA 1983 s136
- MHA 1983 s138
- MHA 1983 s14
- MHA 1983 s145
- MHA 1983 s18
- MHA 1983 s21B
- MHA 1983 s29
- MHA 1983 s30
- MHA 1983 s4
- MHA 1983 s40
- MHA 1983 s66
- MHA 1983 s8
- MHA 1983 s87
- MHA 1983 s88
- MHA 1983 s89
- Mental Health Act 2007 Overview
- New regulations on conflicts of interest
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer