Robert Brown - The Approved Mental Health Professionals Guide to Mental Health Law

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The Approved Mental Health Professionals Guide to Mental Health Law

The Approved Mental Health Professionals Guide to Mental Health Law

5th Edition

• ROBERT BROWN

Series Editor

• Keith Brown

Learning Matters

An imprint of SAGE Publications Ltd

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Robert Brown 2020

First edition published 2006

Second edition published 2009

Third edition published 2013

Fourth edition published 2016

Fifth edition published 2020

Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, this publication may be reproduced, stored or transmitted in any form, or by any means, only with the prior permission in writing of the publishers, or in the case of reprographic reproduction, in accordance with the terms of licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside those terms should be sent to the publishers. Crown copyright material is published with the permission of the controller of HMSO.

Library of Congress Control Number: 2019946417

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library.

ISBN 978-1-5264-5027-2

ISBN 978-1-5264-5028-9 (pbk)

Commissioning editor: Kate Keers

Editor: Catriona McMullen

Development editor: Sarah Turpie

Senior project editor: Chris Marke

Project management: Swales and Willis Ltd, Exeter, Devon

Marketing manager: Samantha Glorioso

Cover design: Wendy Scott

Typeset by: C&M Digitals (P) Ltd, Chennai, India

Printed in the UK

At SAGE we take sustainability seriously. Most of our products are printed in the UK using responsibly sourced papers and boards. When we print overseas we ensure sustainable papers are used as measured by the PREPS grading system. We undertake an annual audit to monitor our sustainability.

List of abbreviations

• AAappropriate adult
• ACapproved clinician
• AMCPapproved mental capacity professional
• AMHPapproved mental health professional
• ASWapproved social worker
• AWOLabsent without leave
• BIAbest interests assessor
• CCGClinical Commissioning Group
• CPACare Pathway Approach
• CPNcommunity psychiatric nurse
• CQCCare Quality Commission
• CTOcommunity treatment order
• DHSCDepartment of Health and Social Care
• DHSSDepartment of Health and Social Security
• doldeprivation of liberty
• DoLSDeprivation of Liberty Safeguards
• ECHREuropean Convention on Human Rights
• ECTelectro-convulsive therapy
• ECtHREuropean Court of Human Rights
• HCPCHealth and Care Professions Council
• HHSRSHousing Health and Safety Rating System
• HIWHealthcare Inspectorate Wales
• IMCAindependent mental capacity advocate
• IMHAindependent mental health advocate
• LAlocal authority
• LPAlasting power of attorney
• LPSLiberty Protection Safeguards
• LSSAlocal social services authority
• MAPPAMulti Agency Public Protection Arrangements
• MCAMental Capacity Act 2005
• MHAMental Health Act 1983
• MHACMental Health Act Commission
• MHRTMental Health Review Tribunal
• MHTmental health tribunal
• NHSNational Health Service
• NRnearest relative
• OToccupational therapist
• PACEPolice and Criminal Evidence Act 1984
• PCTprimary care trust
• PSEDpublic sector Equality Duty
• RCresponsible clinician
• RMOresponsible medical officer
• SCWSocial Care Wales
• SIstatutory instrument
• SOADsecond opinion appointed doctor
• SWESocial Work England

About the author

Rob Brownis a social worker and trainer. He was a founding director of Edge Training and Consultancy Ltd. He runs refresher courses for approved mental health professionals (AMHPs) and teaches s12 doctors and approved clinicians on induction and refresher courses. He provides consultation and supervision for AMHPs in Cornwall. He also provides consultation for lead AMHPs in Hampshire, West Berkshire, Portsmouth and Lambeth. He was a Mental Health Act Commissioner from 1993 to 2010. Rob is a Visiting Fellow at Bournemouth University. He has published widely in the field of mental health and mental capacity law.

Foreword from the Series Editor

This new edition of The Approved Mental Health Professionals Guide to Mental Health Law has been expertly produced by Rob Brown. Those of us who have been fortunate to know Rob personally know him to be a person of great wisdom and insight in this area and of course we are all aware of his wit and humour. The sector really has benefited from his expertise over the years and his contribution to mental health care and services has been simply remarkable.

The role of the approved mental health professional (AMHP) is very similar to that of its predecessor, the approved social worker (ASW), but it may now be undertaken by nurses, occupational therapists and psychologists, as well as social workers. The training is now overseen and quality-assured by the Health and Care Professions Council but otherwise currently remains the same as per the previous outcomes specified by the General Social Care Council.

Of note has been the fact that the number of assessments being carried out by AMHPs has increased considerably in the past few years, making this guides various checklists even more useful when AMHPs are under such pressure.

I warmly recommend this text to all budding AMHPs as well as others who are interested in the operation of the Mental Health Act 1983. It sits alongside other texts in the Post-Qualifying Social Work Practice series such as The Approved Mental Health Professionals Guide to Psychiatry and Medication and The Mental Capacity Act 2005: A Guide for Practice. Readers will also find this book useful to read in conjunction with another Sage/Learning Matters text Mental Health Law in England and Wales: A Guide for Mental Health Professionals as this contains the full text of the Mental Health Act 1983 as well as relevant regulations.

Professor Keith Brown

Series Editor

Director of the National Centre for Post-Qualifying Social Work, Bournemouth University

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