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Decision details

Delegation of authority to warrant Approved Mental Health Professionals

Decision Maker: Executive Director: Adult & Communities

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Local Authorities have responsibilities to ensure that there have sufficient AMHPs to carry out their functions under the Mental Health Act (MHA Code of Practice 2015 Para 14.35).
S114 of the Mental Health Act states that a ‘local authority may approve a person to act as approved mental health professional for the purposes of this Act.’
‘Before approving a person. ..a local social services authority must be satisfied that he has appropriate competence in dealing with person who are suffering from mental disorder’.
The Mental Health (Approved Mental Health Professionals Approval) (England) Regulations 2008 set out clear standards and requirements by which a local social services authority in England can approve persons to act as Approved Mental Health Professionals (AMHPs) for the purposes of the Mental Health Act. It also states, ‘before a person can be approved (or re-approved) in England to act as an AMHP by a local social services authority, the person must have appropriate competence.’
In Bristol this process is managed through an approval panel chaired by a senior manager with delegated authority from Director of Adult Social Services. Adult and Communities scheme of delegation ((BRISTOL CITY COUNCIL page 5) states that only the Adults Principal Social Worker has such delegated authority currently.
It is recommended that the scheme of delegation is amended so that the Head of Service with responsibility for strategic mental health social work also has delegated authority to approve persons to act as AMHPs on behalf of Bristol City Council.
This will enable the role to be shared across two senior officers, removing any risks of single point of failure and allows workload to be shared across more than one officer.

Decision:

Delegation of authority to additional Head of Service to approve a person to act as an Approved Mental Health Professional for the purposes of the Mental Health Act 1983

Alternative options considered:

Retaining one delegated officer puts significant pressure on strategic leaders and represents single point of failure. Extending delegation allows greater oversight for Strategic Lead for MH who has responsibility for AMHP service.

Publication date: 24/07/2024

Date of decision: 18/07/2024