Previous Circular No: SWSG5/1988 (superseded)

December 1996

Chief Executives Unitary Councils

Copy to: Directors of Social Work

Chief Social Work Officers

General Managers of Health Boards

Chief Executives of NHS Trusts

General Manager of Common Services Agency

Appropriate Professional and Voluntary Bodies

Holders of SWSG/SWSI Circulars and Guidance Package

Dear Sir/Madam

MENTAL HEALTH (SCOTLAND) ACT 1984

MENTAL HEALTH OFFICERS - NEW DIRECTIONS BY THE SECRETARY OF STATE

Summary

1. This circular provides guidance to local authorities on new directions made by the Secretary of State, under Section 9 of the Mental Health (Scotland) Act 1984 concerning the appointment of Mental Health Officers (MHOs). It also asks local authorities to assist in a review of MHO services.

2. The directions are concerned with:

i. the duty placed on local authorities to ensure that staff being considered for appointment as MHOs have the appropriate qualifications;

ii. the duty of local authorities to ensure that MHOs receive appropriate training and have been assessed as competent in this role.

The Guidance reflects the Secretary of State’s view that local authorities should keep under review the number and distribution of Mental Health Officer social work posts and co-operate with each other in the provision of adequate training for MHOs.

3. Directors of Social Work and Chief Social Work Officers are requested to bring this circular to the attention of staff with the responsibility for training and deploying MHOs.

Previous Guidance

4. This circular builds on and supersedes the guidance contained in the Scottish Office Circular SWSG5/88 dated 3 March "The Mental Health (Scotland) Act 1984: Mental Health Officers - Directions by the Secretary of State" which is cancelled by the directions attached.

Background

5. Circular SWSG5/88 dealt primarily with arrangements for the training and accreditation of MHOs and their deployment between 1986 and 1988. Since 1988 there have been a number of changes in the training and practice of MHOs. In 1993 the Central Council for Education and training in Social Work (CCETSW) revised their requirements for the training of social workers as MHOs. Competences required of MHOs were clearly identified. In 1996 the implementation of the Mental Health (Patients in the Community) Act 1995 introduced Community Care Orders and extended the role of MHOs. Local Government Reorganisation means local authorities need to look again at deployment issues, taking account of these changes in training requirements and practice.

The Legislative Framework

6. Section 9 of the Mental Health (Scotland) Act 1984 refers to the appointment of MHOs, and contains the following provisions :

Section 9(1) imposes a duty on local authorities to appoint a sufficient number of persons for the purpose of discharging in their area the functions of MHOs under the Act;

Section 9(3) provides that from the day appointed by the Secretary of State by order, ie. 1 April 1986, no person shall be appointed by a local authority as a MHO unless he/she is approved by the local authority as having competence in dealing with persons who are suffering from mental disorder; and, before appointing as a MHO, a local authority shall :-

i. ensure that the person has such qualifications, experience and competence in dealing with persons who are suffering from mental disorder as the Secretary of State directs; and

ii. have regard to such other matters as the Secretary of State may direct.

Section 9(4) provides that on and after the appointed day (1 April 1986), no person appointed to act as a MHO before the appointed day shall continue to do so unless:-

i. he/she is approved by the local authority as having competence in dealing with persons who are suffering from mental disorder; and

ii. the local authority are satisfied that he/she has such qualifications, experience and competence in dealing with persons suffering from mental disorder as the Secretary of State directs.

Current Position

7. The following matters should now be considered by local authorities in the exercise of their discretion:

i the necessity, when determining the number of MHOs required, of taking into account the geographical characteristics, population densities and patterns of practice in different areas; the way in which mental health services are organised locally and the fact that MHOs should be readily accessible both during and outside normal office hours;

ii. the necessity of regularly reviewing the number of MHOs appointed so that the implications of changes in services, patterns of practice, and experience gained in applying the 1984 legislation as well as amendments to the legislation such as the Mental Health (Patients in the Community) Act 1995, which introduces Community Care Orders, are fully taken into account. It will be particularly important to review numbers and deployment of MHOs in the light of experience of implementing the Care Programme Approach in which MHOs are likely to play a significant part in addition to other qualified social work staff;

iii. the importance of providing opportunities to MHOs for further development so that they will be able to maintain a high level of competence in applying the requirements of the legislation effectively and contribute positively to services in the wider field of provision for people with a mental disorder.

Inter-Agency Co-operation and Training

8. It is essential that local authorities co-operate with each other and with CCETSW to make the best use of educational resources in different areas and to develop joint training arrangements. There are likely to be particular gains to smaller authorities from developing and maintaining collaborative arrangements.

9. Local authorities should consider developing more joint training opportunities for MHOs and health professionals given the importance of the development and maintenance of close working practices between MHOs and health professionals.

10. More generally, the Secretary of State considers that training programmes should give attention to the importance of skills in developing and maintaining close co-operative working relationships between statutory and private and voluntary organisations. These are necessary to the achievement of effective services for people suffering mental disorder and for their relatives and carers.

11. Local authorities should urgently consider the need for refresher courses to allow for the updating of MHOs’ knowledge of new legislation and other developments.

12. When authorities share an MHO service, such as an out-of-hours service, across social work boundaries, they will need to clarify and make arrangements to ensure that MHOs working across these boundaries have the appropriate training, competence and knowledge of the relevant local resources.

Further Action

13. Research published by the Scottish Office Central Research Unit on "The Role of the Mental Health Officer" (1994) suggested there were difficulties in deploying MHOs and in ensuring that they had enough experience to practise with confidence. In addition, the Mental Health (Patients in the Community) Act 1995 with the introduction of Community Care Orders introduces an extended role for MHOs, as After Care Officers, which local authorities will have to respond to by revising training and reviewing deployment of MHOs.

14. In view of these important changes, SWSI consider that it is now essential to review the development of MHO services provided by local authorities. To assist in this we will shortly be issuing a questionnaire to local authorities. This will require the following information:

i. your plans for MHO training;

ii. details of the numbers of MHOs employed by your local authority;

iii. details about the relationship between MHO services and other aspects of social care for people with a mental disorder.

15. I should be grateful if you would arrange for your authority’s response to the questionnaire to be sent to the Social Work Services Inspectorate, Room 46, James Craig Walk, Edinburgh EH1 3BA, 3 months after its receipt.

Further Advice

13. Telephone enquiries relating to this circular should be made to Tom Leckie, Social Work Services Inspectorate, Room 46, James Craig Walk, Edinburgh

EH1 3BA .(Telephone 0131 244 3795). [ To holders of the SWSG Circulars and Guidance package:- This Circular should be placed in Section F13 of the volume containing Community Care (Sections 11-20) circulars. Circular SWSG5/1988 is cancelled and should be removed from Section F13.]

Yours faithfully

ANGUS SKINNER

Chief Inspector

MENTAL HEALTH (SCOTLAND) ACT 1984

APPOINTMENT OF MENTAL HEALTH OFFICERS

Directions by the Secretary of State

1. In exercise of the powers conferred on him by section 9(3) of the Mental Health (Scotland) Act 1984, the Secretary of State hereby directs that the qualifications, experience and competence required of persons in order that they may be appointed as Mental Health Officers (MHOs) shall be as follows:

i. the person shall hold a professional qualification in social work recognised by the Central Council for Education and Training in Social Work (CCETSW). These are the Diploma in Social Work (DipSW), the Certificate of Qualification in Social Work (CQSW) or its predecessor qualifications, or the Certificate in Social Service (CSS);

ii. the person shall normally have completed a minimum of 2 years’ experience as a social worker after obtaining the qualification before being admitted to an MHO training programme. However, local authorities should note that exceptionally social workers may commence MHO training before gaining 2 years’ post qualifying experience, if local authorities consider they have sufficient experience in mental health work to outweigh this usual requirement;

iii. the person shall have completed a training programme to meet the requirements of the Mental Health (Scotland) Act 1984 which has been approved for this purpose by CCETSW and shall have been assessed as demonstrating the competence required of MHOs in the following areas :-

a. applying knowledge and understanding of mental disorder and the roles and functions of those with responsibilities for mental health services;

b. applying knowledge and skills in social work to assess the needs of and to plan, implement and evaluate work with those suffering from mental disorder.

2. In further exercise of the powers conferred on him by section 9(3) of the 1984 Act, the Secretary of State also directs that Mental Health Officers moving from one employing authority in Scotland to another shall, in respect of their appointment as Mental Health Officers by the new authority, satisfy the requirements specified in these directions. Approved Social Workers , ie social workers approved under the Mental Health Act 1983 in England, Wales and Northern Ireland, moving from other parts of the United Kingdom to employment in local authorities in Scotland shall undertake such additional training as the local authorities concerned consider necessary to enable them to meet fully the requirements of these directions, before being appointed as Mental Health Officers.

3. These directions take effect from December 1996.

4. The directions given by the Secretary of State on 3 March 1988 under section 9(3) of the 1984 Act are hereby revoked.

ANGUS SKINNER

Chief Inspector