Mental Health Act Training
AMP Training and AMP Refresher Training
AMP training as required under Section 22 of the Mental Health (Care & Treatment) (Scotland) Act 2003 has, since September 2006, been provided by Walkgrove Ltd. Walkgrove Ltd also maintain and update the training materials as required.
Following discussions with the Royal College of Psychiatrists, the Scottish Government commissioned the production of a package of AMP Refresher Training. Walkgrove Ltd successfully tendered for and was awarded the contract to develop these training materials. This work is now complete and the new refresher training material, along with the initial training materials, will shortly be made available to the NHS for delivery of the training in-house or by another provider on their behalf.
The refresher training consists of two half day modules – one mandatory and one elective, details below: -
Refresher Training - Core module – Mandatory Module The aim of this module is to provide an overview and an update of some of the more controversial or problematic issues relating to the day to day use of mental health legislation by AMPs. Topics covered are (1) Reviewing best practice and other experiences, (2) Reviewing experiences that would benefit from a best practice approach, (3) The Mental Health Tribunal for Scotland, and (4) The interface of the Adults with Incapacity (Scotland) Act 2000 and Adult Support and Protection (Scotland) Act 2007 with the Mental Health (Care and Treatment) (Scotland) Act 2003.
Refresher Training – There are three Elective Modules
Decision making capacity The aim of this module is to help participants understand relevant changes to the legal framework that have occurred since they first undertook s22 approval training and refresh knowledge concerning capacity; incapacity; and SIDMA. The module aims to clarify issues relating to patients’ decision making capacity; autonomy; and when to use differing statute.
Forensic and restricted cases The aim of this module is to help participants understand aspects of the legal framework that they need to take account of when they are dealing with forensic and restricted cases. In addition to those who work in forensic sciences the target audience includes both non-forensic AMPs and those who work in intensive psychiatric care units.
Child and Adolescent Mental Health Services (CAMHS) The aim of this module is to provide an overview and an update of the aspects of mental health legislation which relate to children and adolescents. The target audience includes both non-CAMHS AMPs and those who deal exclusively with children and adolescents.
A4712932 1 Current position
AMP Refresher Training
Currently there is no legal requirement for AMPs to undertake Refresher Training. However, Scottish Ministers intend to issue a Direction making it mandatory for all AMPs to undergo refresher training
All NHS Boards were contacted by letter on 26 November 2012 advising of the current state of play and seeking their views on when Refresher Training should be undertaken. The Scottish Government view is that this should be no later than 5 years after initial training. Contained within the letter of 26 November 2012 were suggested transitional arrangements to cover those AMPs who would be outwith the 5 year refresher training requirement, should that be the agreed period. These transitional arrangements are shown below:
Year of initial training Refresher training must be completed by: 2005 31 December 2013 2006 31 December 2013 2007 30 June 2014 2008 31 December 2014 2009 onwards Within 5 years from original training
The Refresher Training modules will therefore be available in advance of any Direction coming into force. This will provide an opportunity for AMPs to undertake the training in advance of it becoming mandatory.
AMP - Initial Training
Current position
This training is currently provided by Walkgrove Ltd.
Future position
When the AMP Refresher Training modules are available, the initial training modules will also be available to the NHS for delivery of training either in house or by another training provider on their behalf.
Conclusion
The Scottish Government Directorate for Health and Social Care will write to all NHS Boards advising them of (a) the new arrangements for Initial Training, (b) the new arrangements for Refresher Training; and (c) informing them of when the packages will available to them for use.
In the interim NHS Boards should note:
that there is currently no requirement for any AMP to undertake Refresher Training ;
A4712932 2 both the Initial Training package and the Refresher Training package will be available to the NHS for delivery of training either in-house or by another training provider on their behalf; and that it is proposed that special arrangements as detailed in the table above be made to cover any AMPs who will have already passed whatever period is agreed for undertaking Refresher Training.
Further information
John Williamson Protection of Rights Unit Mental Health Legislation and Adult Protection Policy Team Directorate for Health and Social Care Integration 3.ER St Andrews House Regent Road Edinburgh EH1 3DN
January 2013
A4712932 3