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Approved Clinicians &
Section 12(2) Doctors
Which Type of Approval?
Wales Initial Approved Clinician Approval
Are you seeking Approved Clinician approval to work in Wales? It is very important for practitioners to note that England Approved Clinician approval CANNOT be used to exercise any functions of an AC or RC in Wales. You must submit an application for AC approval to the All Wales Approval Panel and be in receipt of a signed Wales AC approval letter before undertaking any AC or RC functions.
Effect and Powers of Approved Clinician Approval:
Registered Medical Practitioners can also act as a Doctor certified as having special experience in the diagnosis or treatment of mental disorder under Section 12(2) of the Mental Health Act 1983 within England and Wales.
Wales Approved Clinicians can act as a Responsible Clinician within the meaning of the Mental Health Act 1983 within Wales, when allocated by a detaining authority (ie employer).
Powers of the Responsible Clinician when approval is received from the All Wales Approval Panel:
- Clinical lead for a patient liable to be detained or on a CTO or guardianship;
- Granting section 17 leave;
- Reviewing need for detention, CTO or guardianship;
- Discharging from detention, CTO or guardianship;
- Deciding whether to bar Nearest Relative discharge from detention or CTO;
- Reviewing and renewing detention, extending CTO or guardianship;
- Recommending transfer to guardianship;
- Making a Community Treatment Order (with an AMHP);
- Recalling from CTO;
- Revoking CTO (with AMHP);
- Reporting to Minister of Justice on restricted patients.
Powers of a Wales Approved Clinician (when not the Responsible Clinician):
- The Approved Clinician (or doctor) in charge of the treatment of an informal patient is the one with the power to prevent a patient from leaving hospital under section 5 (and 5(2));
- May be authorised under s24 of the Act, by the Nearest Relative, to visit and examine a patient in private;
- May be authorised by a Tribunal to visit and examine a patient in private to provide a report;
- May be authorised by Healthcare Inspectorate Wales to visit and examine a patient in private;
- May provide reports to Court in some Part III MHA 1983 cases.
Initial Section 12(2) approval
Are you seeking initial Section 12(2) approval?
Effect and Powers of Section 12(2) Approval:
- A Section 12(2) Doctor who is approved within the meaning of the Mental Health Act 1983 can use these powers within England and Wales.
- Can provide statutory medical recommendations for the compulsory admission of mentally disordered persons to hospital or for them to be received into guardianship.
- Can give medical evidence to be taken into account by a court before ordering the admission of a patient to hospital or for them to be received into guardianship.
- Can provide reports to be considered by the Secretary of State for Justice for directing the transfer of prisoners and certain other persons to hospital or for them to be received into guardianship.
- A Section 12(2) Doctor cannot act as an Approved Clinician or as a Responsible Clinician.