module specification

You will understand, analyse and critically reflect on policy, legal processes, legislation, statutory instruments, and guidance related to the Mental Health Act 1983 (as amended in 2007). You will explore mental health and multi-agency practice interventions applicable to children and adults in need and at risk of harm. You will examine how these are informed by law, theory and research. Concepts of human rights and safeguarding are central to the module.

The teaching methods take into account different learning needs and styles to ensure wide participation. You will be given tools to develop your confidence to interpret and use law in order to support, safeguard and protect.

The lectures and case studies in the seminars are guided by real life situations as reflected in practice. These activities serve to build on existing knowledge of the law and this will further expand your understanding of legislation and law in practice.

An ethical approach to applying the law runs through the whole course. You will learn about the legal system as a way of ensuring social justice.

You will have the opportunity to make the connection with anti- discriminatory and anti-Oppressive practice and Equality of Opportunity. You will increase your understanding of the impact of past and present colonial approaches within the law and how a rights-based approach to law facilitates decolonisation in law and practice.

The aims of the module are that you will:
1. learn how the legal system works, and how to find your way through mental health legislation, statutory instruments, codes of practice and case law.
2. have direct live experiences of court work as part of your placement
3. critically reflect on the AMHP role with an emphasis on evaluating and managing risk, the importance of accountability, and the application of professional judgement.
4. evaluate policy, mental health legislation and related Codes of Practice and guidance.
5. understand the legal basis for Approved Mental Health Professional Practice.

• Role of the AMHP
• Legal and policy frameworks
• Applying legislation to practice, and using the MHA manual
• Reviewing case law
• Tensions between guidance, policy and case-law in relation to interventions
• Reviewing potential sources of discrimination
• The Mental Health Act 1983 (as amended 2007)
• Completion of relevant statutory legal forms
• The Mental Capacity Act 2005
• The Human Rights Act 1998
• The Children Act 1989
• The Mental Health Act Code of Practice

Sessions will be interactive and you will gradually build your knowledge of legislation

You will be provided with questions related to aspects of the law and they will be directed to relevant reading in order to research answers to these questions and apply them to AMHP practice and values. You will use reading, discussion, reflection and presentation skills to engage with course content.

You will be encouraged to engage in other forums that will enlighten and increase your personal and professional learning such as watching documentaries, films, plays and podcasts.

Visits to courts in the community and use of the use of the University’s Mock-Court room will provide you with the opportunity to observe and record your experiences of live proceedings.

Personal reflection and reflective writing will be encouraged and learning reinforced using Weblearn, visual and online materials and independent study. The learning and teaching strategy consists of a collection of methods to help you rehearse and develop your understanding, knowledge, critical thinking, and presentation skills.

On completion of this module, you will be able to:
1. Reflect on, critically evaluate and apply national policy, legislation, and codes of practice in relation to the role of an AMHP
2. Demonstrate a critical awareness of the legal position and accountability of AMHPs
3. Draw on knowledge of policy and legislation to support interventions
4. Perform effectively in a court context

Evidencing SWE AMHP competencies: A1, 2, 3, 5, 6, 7, 9; C1; D2; F4; G2, 3, 5.

Legal Open book class test  and scrutiny of documents exercise
The legal class test is  designed to examine the candidate’s knowledge and understanding of the Mental Health Act, Mental Capacity Act and Code of Practice as well as national and local policy and guidance applicable to the role of an AMHP and employers. The test also allows demonstration of the ability to be able to apply legal understanding in practice.
Candidates will sit a summative assessment by undertaking a law assessment as an unseen, open book class test. Three formative tests earlier during the course programme will help prepare for this final test and identify learning needs.
Arrangements will be made for a further opportunity to re-sit a failed in class testafter the taught component has ended.

The scrutiny of legal documents is an exercise concentrating on completing and correctling statutory legal forms for MHA assessments

Case Study – Guardianship or Supervised Community Treatment (CTO)
2000 words
A case study, accompanied by a set of questions. The questions will enable candidates to evidence their knowledge of both areas of legislation.
Candidates should fully answer the questions as if they were working with the individuals profiled. Understanding of the legislation must be articulated within the broader concerns of person-centred approaches, ethical practice and the promotion of recovery. This will involve reviewing programmes of support and weighing up the potential benefits and disadvantages of applying these Mental Health Act sections in working with the individual and family/carers.
Candidates should consider possible sources of discrimination and their impact. Candidates may also reflect on resource availability issues that may compromise the care plan proposals or social model approaches in their localities

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