The Approved Social Worker must be well trained in the law and practice of mental health work so as to be able to undertake a number of duties under the Act. For example, there is the need to know how to identify the nearest relative, and advise the NR of their legal rights.
ASWs have to be able to consider making an application for admission after taking all relevant factors into account and know how to make lawful applications, without being on the mobile to a lawyer the whole time.
They must understand the legal framework of guardianship and know the full extent of their powers, not just their duties. Examples of their powers include the power to apply for a s135 MHA warrant for the removal of a person to a place of safety, to apply for a s29 MHA displacement of the nearest relative, and to make a recommendation for supervised discharge.
Section 13 MHA imposes individual statutory duties on ASWs, not merely as employees of the authority, but as professionals in their own right, to make applications for hospital admissions or guardianship in any case where s/he is satisfied that such an application ought to be made, and thinks, having regard to the wishes expressed by relatives of the patient, that it is necessary or proper for the application to be made. One ASW can apply to another local social services authority; s/he is not restricted merely to applications to the one which has appointed him or her.
ASWs are expected by their professional association’s ethical code to be able to investigate the client’s social situation, and evaluate the extent to which social and environmental pressures have contributed to the client’s behaviour and to apply skill to help modify those factors. They must know how to mobilise the health services and the community resources, and ensure that intervention is the least restrictive necessary in the circumstances. They are also supposed to ensure strict compliance with the law, only possible if they have had specific training in the legislation and case law. They should have access to and supervision from qualified and experienced senior officers.
If an ASW is asked by the NR to consider making an application and then decides that one is not appropriate, the ASW must give reasons of a general nature to the NR (see s13 MHA). Good reasons for not making an application would be that the patient agreed to enter hospital informally on a voluntary basis, or that there was no agreement between the medical experts as to the nature of the mental problem.