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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