MWC Advice Notes - March
Mental Health Act
Mental Health Act Training
Eligibility criteria for S22 Approval and how to become Section
To be eligible for S22 approval you must be a registered medical
practitioner who is either:
- a member or fellow of the Royal College of Psychiatrists,
- have four years continuous experience in the speciality of
psychiatry and are sponsored by your local medical director.
To complete your training under the Mental
Health Act 2003 follow these instructions:
Step 1 – Part 1 (Self-assessment)
Go to NES
website and read the materials and then complete the online MCQ
self-assessment test. You must get 100% on the exam but you may
have as many attempts as needed.
Once you have passed your self-assessment, the
College will contact you within 10 working days to send you a
certificate and register your details with Walkgrove Ltd for Part 2
of the training.
On occasion, there can be a delay in receiving
notification from NES of your completion of Part 1.
Consequently, to avoid any delay, it is asked that you retain any
confirmation of successfully completing the self-assessment (i.e
screenshot) and send on to Susan
Step 2 – Part 2 (Training Day)
In order to be Section 22 certified you must
attend a 1-day MHA Training Day. You will receive an invitation to
the course from Walkgrove Ltd as soon as we have verified your
Walkgrove will only issue certificates for
completion of training when the course fee has been paid in full.
However see below under Refresher training for an update regarding
initial training and providers.
Please note that the next Part 2 training day has not
been scheduled. These are arranged on a demand basis and when
sufficient numbers of candidates are available. The website
will be updated once a date is known.
Please contact Susan Richardson
or Walkgrove Ltd if
you have any further questions.
Step 3 – Contact your local Medical Manager & register with
your local Health Board
Completion of training does not mean you are
automatically approved under the Act, as the College is not
responsible for approval this is a Health Board responsibility. You
still need to show your two certificates to your local Medical
Manager and ensure that they have registered you with the local
Health Board. Once you are registered, your approval is
transferable throughout Scotland (i.e. if you register with one
Board and then move to a different area your approval moves with
you). Approval is valid for 5 years at which point it is
recommended that you attend a refresher training course (however
see below for the current situation regarding Refresher
Mental Health Act
Training – update April 2017
Initial and Update
Training for Approved Medical Practitioners
Section 22 of the Mental Health (Care and Treatment) (Scotland)
Act 2003 (the 2003 Act) requires every medical practitioner who
intends to use the powers of the 2003 Act to undergo training in
the 2003 Act and to be appointed as an Approved Medical
Practitioner by the relevant Health Board. The training
requirements were made by Direction – The Mental
Health (Care and Treatment) (Scotland) Act 2003 (Qualifications,
experience and training of medical practitioners) Direction
Training is available to those practitioners
seeking to become AMPs. Currently this consists of Initial
Training in two parts – Part 1 an online self-assessment module;
and Part 2 comprising a one day training course.
Following discussions with the Royal College
of Psychiatrists, the Scottish Government commissioned the
production of a package of AMP Update Training. Update
training is currently available but is not mandatory.
An AMP Steering Group led by NHS Education
Scotland is working to set up a training faculty for the delivery
of all AMP training. NHS Boards, via Medical Managers, are
encouraged to release staff to undertake training and become
trainers. Training will then be available in-house with the
advantage of reduced costs and more flexibility in the delivery of
Currently there is no legal requirement for
AMPs to undertake Update Training. It is the Minister’s
intention to issue a new Direction requiring further training
(Update Training - previously referred to as Refresher
Training) to be undertaken by all those who wish to retain
their AMP status.
The Direction will set a date of 31 December
2019 by which time it will become mandatory for all AMPs to have
undertaken Update Training no later than five years after
completion of their Initial Training. The long lead in time
will allow AMPs who have completed their Initial Training five or
more years ago an opportunity to undertake Update Training before
it becomes mandatory for them to do so.
If you have any further questions with regards to any of the
above then please contact Susan Richardson at the
RCPsych in Scotland or telephone 0131 344 4965.
to read the latest advice notes on some of the legal and
ethical aspects of mental health care and treatment in Scotland.
The Forum had been organised with a purpose of sharing
information on relevant legal and procedural matters in connection
with the Tribunal. The aim is to share information and discuss
any particular problems or difficulties.
Any RMO who wishes to join the forum should contact Karen Addie
To see notes following forum meetings click
How to become DMP/Second Opinion Doctor in Scotland for the
For full details on this and how to apply see here.
New MWC Guidance Publication 'Right to Treat'
The MWC has published new guidance on situations
where adults without capacity actively resist or refuse treatment
for physical illness.
It had been found that many health and social care staff were
unsure of what to do for people in these situations, and that
people suffered because they did not get necessary treatment. There
were also cases where people had treatment imposed on them that may
not have been necessary.
It is hoped this guidance will be helpful in deciding on
appropriate and humane treatment for people who lack capacity and
refuse to be treated. The guidance will not cover every situation
but the general pointers should be helpful. MWC are always willing
to give advice on specific situations.
New Mental Welfare Commission report into the use of
compulsory community treatment in Scotland
See full report called "Lives less restricted"
Restricted patient Standing Tribunal
The new restricted patient
Standing Tribunal process came into effect on 8 August 2012.
You can access the Motion
for Adjournment Intimation letter here, and the motion for
adjournment form will be available on the MHTCoroTeam website but is
attached here for convenience.
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