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:

• New procedure for renewal of detention
• Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
• Approved Mental Health Professional replaces Approved Social Worker
• Supervised Community Treatment replaces Supervised Discharge
• Mental disorder no longer split into separate classifications
• Some exclusions to definition of mental disorder have been removed
• Hospital directions under s45A apply to any mental disorder
• New definition of medical treatment
• Civil partners are treated as if married when determining nearest relative
• Additional safeguards for ECT introduced in new s58A
• Treatment while under SCT is covered by new Part 4A
• NHS Foundation Trusts discharge power problem remedied
• Patients can be transferred between places of safety under s135 and s136
• 16- or 17-year-old with capacity cannot be detained on basis of parental consent
• Restriction orders can no longer be time-limited
• Legal status of Code of Practice set out in Act
• New Independent Mental Health Advocate scheme
• New requirements for age-appropriate accommodation for children
• Fundamental principles set out in Act and included in Code of Practice
• Automatic reference scheme under s68 changed
• Minor drafting error in MCA 2005 corrected
• Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
• Limitation to the exceptions to the duty to instruct IMCA
• Reference to Local Health Boards inserted into Act
• Procedure for making of instruments by Welsh Ministers set out
• Organisation of Mental Health Review Tribunal changed
• Transitional provisions until full implementation of MHA 2007
• New cross-border arrangements for leave and transfer
• New regulations on conflicts of interest
• SOAD certificate becomes invalid when patient loses or gains capacity
• Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
• Higher penalties for offences under Act
• Hospital direction patients can no longer apply to Tribunal during first six months
• Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
• Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
• Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
• Appropriate treatment test replaces treatability test and applies to all patients under long-term detention

All information categories:

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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