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Mental health legislation in the North of Ireland sets out specific requirements in the social work area. Under article 115 (1) of Mental Health (NI) Order 1986, as amended by the Health and Personal Social Services (NI) Order , Trusts are required to appoint a sufficient number of Approved Social Workers (ASW) to discharge the functions conferred on them by the order. Article 115 (2) directs that no person shall be appointed by a Trust as an Approved Social Worker unless s/he is approved by the Trust as having the appropriate competence. Article 115(3) directs that in approving a person for appointment as an approved social worker a Trust shall have regard to such matters as the Department may direct.
The NISCC has a statutory duty under the Health and Personal Social Services Act (Northern Ireland) 2001 to promote such training as is required in the personal social services. The NISCC issues requirements for the training of social workers who are being considered for approval or appointment under the Mental Health Order. These requirements are adhered to by the Joint Management Group of the Northern Ireland Approved Social Worker Training Programme in their provision of "post-qualifying" training of social workers in Northern Ireland. The programme is subject to the NISCC quality assurance procedures.
The statutory duties of approved social workers, under the Order, include acting as an Applicant in an admission for assessment (Article 40 and Article 5); acting as a second ASW when the nearest relative objects to compulsory admission (Article 5 (4)) conveying a Patient to Hospital (Article 8); interviewing in a suitable manner (Article 40(2)) and exercising powers of guardianship (Article 22).
Other statutory functions that can be carried out by an ASW and other social workers are providing social circumstances reports, reporting to the Mental Health Tribunal and liaising with the Office of Care and Protection.
The Mental Health Order is currently the subject of an independent review commissioned by the DHSSPS which it is anticipated will result in the development of new legislation. www.rmhldni.gov.uk
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