Dr Kevin Stone

Visiting Professor of Social Work and Mental Health Law

Kevin Stone is Visiting Professor of Social Work and Mental Health Law at Leeds Beckett University, with over 30 years' experience across health, social care, higher education and professional regulation. A registered social worker and Approved Mental Health Professional, he combines frontline practice expertise with extensive senior leadership experience, including serving as Associate Dean at the University of South Wales and leading social work, law and professional education programmes across several universities. An established author, researcher and international presenter, his work focuses on mental health law, human rights, professional practice and workforce development. He is co-author of the Approved Mental Health Professional and Best Interest Assessor Practice Handbooks, a former Higher Education Adviser to Social Work England, a current Registrant Education Quality Assurance Inspector, and a Justice of the Peace in the South West of England.

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About

Kevin Stone is Visiting Professor of Social Work and Mental Health Law at Leeds Beckett University, with over 30 years' experience across health, social care, higher education and professional regulation. A registered social worker and Approved Mental Health Professional, he combines frontline practice expertise with extensive senior leadership experience, including serving as Associate Dean at the University of South Wales and leading social work, law and professional education programmes across several universities. An established author, researcher and international presenter, his work focuses on mental health law, human rights, professional practice and workforce development. He is co-author of the Approved Mental Health Professional and Best Interest Assessor Practice Handbooks, a former Higher Education Adviser to Social Work England, a current Registrant Education Quality Assurance Inspector, and a Justice of the Peace in the South West of England.

Visiting Professor of Social Work and Mental Health Law at Leeds Beckett University. 

Professor Kevin Stone is a social worker, Approved Mental Health Professional (AMHP), academic leader and researcher with over 30 years' experience across health, social care and higher education. He is Visiting Professor of Social Work and Mental Health Law at Leeds Beckett University.

Throughout his career, Kevin has combined senior leadership roles with professional practice and research. He has held a range of academic leadership positions, including Associate Dean, Director of Social Work, Associate Professor, Programme Leader and Associate Head of School across several UK universities. Most recently, he served as Associate Dean for Partnerships and Business, providing strategic leadership for education, external partnerships, workforce development and professional engagement.

Kevin's expertise spans social work education, mental health law, leadership, professional regulation and workforce development. He has led the development of social work, Approved Mental Health Professional, Best Interests Assessor and continuing professional development programmes, working closely with employers, professional bodies and regulatory organisations.

Alongside his academic work, Kevin remains engaged in professional practice as an Approved Mental Health Professional and serves as a Justice of the Peace. He previously practised as an Approved Social Worker, mental health team manager and Emergency Duty Team Officer, bringing extensive frontline and leadership experience to his teaching and research.

Kevin has published widely on mental health law, human rights, mental health social work and the experiences of families affected by mental health legislation. His research has examined the role of Approved Mental Health Professionals, mental health social work across Europe, professional decision-making and the impact of mental health law on service users and carers. He is co-author of the Approved Mental Health Professional Practice Handbook and Best Interests Assessor Practice Handbook and has presented nationally and internationally on mental health law and social work practice.

Kevin is a former higher education advisor to Social Work England and continues to contribute to professional education quality assurance through national regulatory and professional networks. He teaches and supervises students and researchers in the fields of social work, mental health law, leadership and professional practice

Degrees

  • DSocSci
    University of Bristol, Bristol, United Kingdom

  • Masters of Business Administration MBA
    University of the West of England, Bristol, United Kingdom

  • MSc Professional Development
    University of the West of England, Bristol, United Kingdom

  • Law LLB (Hons)
    Northumbria University, Newcastle, United Kingdom

  • Social Work BSc (Hons)
    University of Bristol, Bristol, United Kingdom

  • Social Work DiPSW
    University of Gloucestershire, Cheltenham, United Kingdom

Research interests

International and domestic mental health and mental capacity law.

Publications (49)

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Journal article

Research Informed Practice; Practice Informed Research

Featured 07 August 2020 Practice32(4):247-251 Informa UK Limited
AuthorsVicary S, Stone K, Hemmington J, Leah C
Journal article

Ethical Approval and Being a Virtuous Social Work Researcher. The Experience of Multi-site Research in UK Health and Social Care: An Approved Mental Health Professional Case Study

Featured 02 April 2020 Ethics and Social Welfare14(2):156-171 Informa UK Limited
AuthorsStone K, Vicary S, Scott C, Buckland R

Seeking ethical approval and conducting research in an ethical manner are necessary components of research with human participants. Using the experiences of four individual studies undertaken separately into the same role, that of the Approved Mental Health Professional (AMHP), this article critically examines the challenges for multi-site research in health and social care settings. Issues arising are discussed: these are systemic and procedural, or barriers encountered using the integrated approach of the National Research Ethics Service. We discuss the lessons learned and argue that seeking ethical approval in multi-site research is currently a static construct involving the satisfying of what are in effect closed systemic and procedural requirements. We suggest that being a virtuous social work researcher, which we explore in the context of contemporary debates in social sciences, should instead afford open-ended integrity whereby the ‘permission’ granted is constantly revisited by the researcher or, in other words, that the integrated approach should allow being a virtuous researcher. We suggest that this cyclical activity has particular resonance for those researchers who are, simultaneously, health and social care practitioners. The article adds to the literature on ethics, conduct and integrity in health and social care.

Journal article

Social Exclusion in the UK—The Lived Experience Mel Hughes (ed.)

Featured 07 December 2023 British Journal of Social Work53(8):4030-4032 Oxford University Press (OUP)
AuthorsStone K
Journal article

Beyond the call of duty: A Qualitative study into the experiences of family members acting as a Nearest Relative in Mental Health Act assessments

Featured 20 October 2022 The British Journal of Social Work52(7):3783-3801 Oxford University Press (OUP)
AuthorsDixon J, Stone K, Laing J

Abstract

Research shows that tensions between family carers and professionals become acute where the issue of compulsory admission to hospital is at stake. In England and Wales, a specific family member is appointed to safeguard the interests of a person assessed under the Mental Health Act 1983. This currently occurs through the Nearest Relative (NR) role. The Government is proposing to replace this with a Nominated Person role, chosen by the service user. Drawing on the concept of carer burden, this study reports on the views of nineteen NRs in England to discover their experiences of being involved in a Mental Health Act assessment. Participants identified that they undertook the role due to a sense of duty. Their experiences were mixed with participants highlighting both feelings of distress during the assessment and feelings of relief once their relative had been detained. Participants reported feeling conflicted when their relative was detained and feelings of frustration towards mental health services. The findings have implications for proposals to reform the Mental Health Act 1983. They show that education and support programmes should be created for NRs/Nominated Persons and that research is needed to assess whether such support is effective at reducing carer burden.

Journal article

Approved Mental Health Professionals and Detention: An Exploration of Professional Differences and Simularities

Featured 15 March 2019 Practice31(2):83-96 Informa UK Limited
AuthorsStone K

The enactment of the Mental Health Act (MHA) 2007 introduced the role of the multidisciplinary Approved Mental Health Professional (AMHP) in England and Wales by amending The MHA 1983. The role can now be performed by a range of professionals including a psychologist, an occupational-therapist, a social worker or a mental-health/learning difficulties nurse. This amendment amongst other legal provisions replaced the earlier Approved Social Worker role. This is an exploratory qualitative research that aimed to identify if the decision-making relating to management and assessment of risk varied according to the professional background of the AMHP. The decision-making of 10 social work and 10 nursing AMHPs were examined through the use of an experimental vignette containing audio-visual and written materials in order for participants to reach a decision about whether or not to detain. Proposed detention rates between social work and nurse AMHPs were identical although variation was found across the whole sample in terms of the risks that were identified in the vignette. The paper concludes by arguing that these results suggest that differences in the way AMHPs reach decisions may well relate to a variety of individual differences rather than reflecting initial professional identity and training as so often argued in the literature.

Journal article

Nurse AMHPs: an exploratory study of their experiences

Featured 11 March 2019 The Journal of Mental Health Training, Education and Practice14(2):86-95 Emerald
AuthorsStone K

Purpose

Mental health and learning disability nurses have been eligible to become approved mental health professionals (AMHPs) since 2008, when the Mental Health Act 2007 was implemented. Despite this, there have been proportionally low numbers of these nurses pursuing the AMHP role. The purpose of this paper is to explore the experiences of these nurse AMHPs of training and practice.

Design/methodology/approach

Ten practicing nurse AMHPs were recruited from across four local authority sites. Using semi-structured interviews, participants were asked to discuss their experiences of being an AMHP.

Findings

The participants highlighted the need to navigate personal, cultural and structural factors relating to accessing and applying for the training, difficulties with agreeing contracts terms, gaining comparative pay and undertaking the role.

Research limitations/implications

The limitations of this study are the small number of participants and therefore the generalisability of the findings. Also, respondents were practising AMHPs rather than nurses who considered the role but then rejected it as a career option.

Practical implications

This study has led to gain a greater understanding of the experiences of nurse AMHPs.

Social implications

The results from this study will assist employing local authorities, and NHS consider the barriers to mental health and learning disability nurses becoming AMHPs.

Originality/value

The value of this study is in the insight that provides the experiences of nurse AMHP from applying to training through to being a practising AMHP.

Journal article

The nearest relative in the Mental Health Act 2007: still an illusionary and inconsistent safeguard?

Featured 02 January 2018 Journal of Social Welfare and Family Law40(1):37-56 Informa UK Limited
AuthorsLaing J, Dixon J, Stone K, Wilkinson-Tough M

The role of nearest relative (NR) is intended as a safeguard in the Mental Health Act 1983 (as amended in 2007) to curb the excesses of professional discretion and protect patients from unwarranted compulsory hospitalisation. It is unique to the mental health compulsory detention process in England and Wales. There are, however, evident tensions in the role and a lack of clarity surrounding the precise functions of the NR. There is also some uncertainty and confusion among practitioners about the scope of the NR involvement, and government plans announced recently to review mental health legislation will include a focus on the role of family and carers in the care of detained patients. Despite long-standing concerns about the role, there is remarkably little published research available to date on its use and effectiveness, in so far as evaluating the extent to which it provides an adequate safeguard for patients, as intended by the legislation. This article will briefly explore the background to the role, highlight some of the difficulties and tensions within it and conclude with some observations about where further research and reform may be needed to provide greater protection and clarity for patients, relatives and health and social care practitioners.

Journal article

An Exploratory Survey of Mental Health Social Work in Europe

Featured 01 October 2021 International Journal of Environmental Research and Public Health18(19):10462 MDPI AG
AuthorsStone K, McCusker P, Davidson G, Vicary S

This article reports on an exploratory study comparing mental health social work (MHSW) in Europe. There has been very limited previous research comparing approaches to MHSW in Europe and so the aim of the study was to develop a better understanding of the similarities and differences between and, where relevant, within countries (referred to as jurisdictions). An online survey was distributed mainly through existing European networks and social media to seek information on the role, nature, extent and context of MHSW in a range of European jurisdictions. Conducted during the COVID-19 pandemic, there were 158 responses from 10 jurisdictions. Data were analyzed using thematic analysis. From this analysis, four main themes were identified, relating to: role; law, policy and education; the distinctive contribution made by MHSW; and the key challenges for MHSW. The study demonstrates that MHSW, although it is described and provided in different ways and is confined by a range of factors, plays an important role in mental health services across jurisdictions. There are also interesting differences between contexts, especially in the balance of therapeutic, legal and specialist/generic approaches, some of which reflect the World Health Organisation’s vision and objectives for mental health. Lastly, the study illustrates a need and provides a valuable basis for further comparative and collaborative work to define MHSW and enhance the contributions it makes.

Journal article

Treading a tightrope: Professional perspectives on balancing the rights of patient's and relative's under the Mental Health Act in England

Featured January 2020 Health & Social Care in the Community28(1):300-308 Wiley
AuthorsDixon J, Wilkinson‐Tough M, Stone K, Laing J

Involuntary detention is used internationally to detain and treat people who are deemed to have a mental disorder. In England and Wales, approved mental health professionals (AMHPs) co-ordinate Mental Health Act assessments which allow for patients to be detained. AMHPs have legal duties to identify, inform and consult with a patient's nearest relative (NR), who are, in turn, given powers to initiate or challenge detention. Our study takes an original approach through examining how AMHPs interpret their duties towards nearest relatives. We adopted a two-stage design, which involved an online questionnaire with 55 AMHPs and focus group discussions with 33 AMHPs. The research was conducted in England between 2017 and 2018. Our questionnaire found that a high proportion of AMHPs reported that they had spoken to NRs for background information when assessing patients under the Mental Health Act. However, AMHPs were less likely to ask patients about their views of involving the NR prior to assessment. Focus group findings showed that AMHPs saw the NR role as offering an important ‘safeguard’ on the basis that NRs could provide information about the patient and advocate on their behalf. AMHPs identified practical difficulties in balancing their legal obligation towards NRs and patients; particularly where issues of potential abuse were raised or where patients had identified that they did not want NR involvement. While AMHPs stated that they sought to prioritise patient wishes regarding confidentiality, their accounts identified that patient consent about information sharing was sometimes implied rather than sought explicitly. Our findings reinforce conclusions by the recent Independent Review of the MHA, which states that current NR provisions are ‘outdated, variable and insufficient’. We identify that current practice could be improved using advanced choice documents and outline implications for AMHP practice.

Journal article

“It's about how much we can do, and not how little we can get away with”: Coronavirus-related legislative changes for social care in the United Kingdom

Featured September 2020 International Journal of Law and Psychiatry72(The Lancet 2020):101601 Elsevier BV
AuthorsVicary S, Stone K, McCusker P, Davidson G, Spencer-Lane T

The coronavirus pandemic, referred to here as Covid-19, has brought into sharp focus the increasing divergence of devolved legislation and its implementation in the United Kingdom. One such instance is the emergency health and social care legislation and guidance introduced by the United Kingdom Central Government and the devolved Governments of Wales, Scotland and Northern Ireland in response to this pandemic. We provide a summary, comparison and discussion of these proposed and actual changes with a particular focus on the impact on adult social care and safeguarding of the rights of citizens. To begin, a summary and comparison of the relevant changes, or potential changes, to mental health, mental capacity and adult social care law across the four jurisdictions is provided. Next, we critique the suggested and actual changes and in so doing consider the immediate and longer term implications for adult social care, including mental health and mental capacity, at the time of publication.several core themes emerged: concerns around process and scrutiny; concerns about possible changes to the workforce and last, the possible threat on the ability to safeguard human rights. It has been shown that, ordinarily, legislative provisions across the jurisdictions of the UK are different, save for Wales (which shares most of its mental health law provisions with England). Such divergence is also mirrored in the way in which the suggested emergency changes could be implemented. Aside from this, there is also a wider concern about a lack of parity of esteem between social care and health care, a concern which is common to all. What is interesting is that the introduction of CVA 2020 forced a comparison to be made between the four UK nations which also shines a spotlight on how citizens can anticipate receipt of services.

Journal article

Approved Mental Health Professionals in England and Wales: Research Informed Practice; Practice Informed Research

Featured 15 March 2026 Practice38(2):81-85 Informa UK Limited
AuthorsHemmington J, Vicary S, Stone K
Chapter

The role of law in mental health social work practice, local and global

Featured 26 March 2026 Social Work in Mental Health Settings Policy Press
AuthorsVicary S, Stone K
Chapter

The multi-professional BIA role

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

Completing a Mental Health Act assessment

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T
Chapter

Closing remarks: looking forward

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T

Approved Mental Health Professionals are specialist professionals authorised to make ethically complex and difficult decisions on the behalf of people with severe mental health difficulties. In this complex and challenging role, AMHPs must possess and deploy a range of skills, knowledge and values. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role, including: • working with mental health law; • risks and challenges in a Mental Health Act assessment; • staying safe as an AMHP; • resilience as a trainee and practitioner. Packed with helpful features such as illustrations, chapter summaries, discussion questions and further reading lists, this clear and concise book will be invaluable to students on AMHP and Best Interests Assessor programmes, as well as for professionals in the field. Approved Mental Health Professionals must possess and deploy a range of skills, knowledge and values in order to make ethically complex decisions on behalf of people with severe mental health difficulties. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role.

Chapter

Social perspectives in mental health

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T
Chapter

The ethical context

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T
Chapter

The AMHP and community provisions

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T

Approved Mental Health Professionals are specialist professionals authorised to make ethically complex and difficult decisions on the behalf of people with severe mental health difficulties. In this complex and challenging role, AMHPs must possess and deploy a range of skills, knowledge and values. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role, including: • working with mental health law; • risks and challenges in a Mental Health Act assessment; • staying safe as an AMHP; • resilience as a trainee and practitioner. Packed with helpful features such as illustrations, chapter summaries, discussion questions and further reading lists, this clear and concise book will be invaluable to students on AMHP and Best Interests Assessor programmes, as well as for professionals in the field. Approved Mental Health Professionals must possess and deploy a range of skills, knowledge and values in order to make ethically complex decisions on behalf of people with severe mental health difficulties. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role. In this chapter we will explore the occasions where AMHPs engage community provisions, under the MHA, other than through MHA assessments, and under other legislation. Inpatient treatment, care and support will, for the vast majority of people, only be a temporary phase in their life. Notwithstanding that, for some, detention under the MHA may recur again in their lives. To this end, some people need a legal framework around them to enable them to remain in the community. To this end, the MHA permits a person’s freedom to be restricted to enable community living, but these restrictions must fall short of depriving that person of their liberty. This position has been crystallised by two important cases, MM v Secretary of State for Justice [2018] UKSC 60 and Welsh Ministers v PJ [2018] UKSC 66, which will be discussed later. The Guiding Principles of the MHA express that ‘where it is possible to treat a patient safely and lawfully without detaining them under the [MHA], the patient should not be detained’, and that the person’s reasonably ascertainable past and present views, wishes and feelings should be considered (DH, 2015a, paras 1.2 and 1.8). To this end, enabling people to successfully reintegrate and live, or remain, in the community is the ambition, so as to promote recovery and uphold people’s rights. Indeed, section 13(2) of the MHA requires that AMHPs, before they make an application, must be satisfied that detention in hospital is in all the circumstances of the case the most appropriate way of providing the care and treatment that the person needs.

Chapter

Commonly used acronyms and abbreviations

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T

Approved Mental Health Professionals are specialist professionals authorised to make ethically complex and difficult decisions on the behalf of people with severe mental health difficulties. In this complex and challenging role, AMHPs must possess and deploy a range of skills, knowledge and values. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role, including: • working with mental health law; • risks and challenges in a Mental Health Act assessment; • staying safe as an AMHP; • resilience as a trainee and practitioner. Packed with helpful features such as illustrations, chapter summaries, discussion questions and further reading lists, this clear and concise book will be invaluable to students on AMHP and Best Interests Assessor programmes, as well as for professionals in the field. Approved Mental Health Professionals must possess and deploy a range of skills, knowledge and values in order to make ethically complex decisions on behalf of people with severe mental health difficulties. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role.

Chapter

Risks and challenges in Mental Health Act assessments

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T
Chapter

Applying the interface between the Mental Health Act and the Mental Capacity Act

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T

Approved Mental Health Professionals are specialist professionals authorised to make ethically complex and difficult decisions on the behalf of people with severe mental health difficulties. In this complex and challenging role, AMHPs must possess and deploy a range of skills, knowledge and values. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role, including: • working with mental health law; • risks and challenges in a Mental Health Act assessment; • staying safe as an AMHP; • resilience as a trainee and practitioner. Packed with helpful features such as illustrations, chapter summaries, discussion questions and further reading lists, this clear and concise book will be invaluable to students on AMHP and Best Interests Assessor programmes, as well as for professionals in the field. Approved Mental Health Professionals must possess and deploy a range of skills, knowledge and values in order to make ethically complex decisions on behalf of people with severe mental health difficulties. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role. As an AMHP engaging in mental health work with young people and adults, you will be using and interpreting the legislation contained within the MHA and the Mental Capacity Act (MCA) 2005, as well as the accompanying case law. When accepting a referral for an MHA assessment, the person being referred for assessment may be considered to lack capacity to make decisions regarding their care and treatment. In such cases, you will need to navigate the sometimes complex relationship between the two legal frameworks. In England and Wales, the non-consensual care and treatment of people with mental health problems is governed largely by two parallel legal schemes: the MHA and the MCA 2005. In very broad terms, the MHA provides mainly for the detention and treatment of people in hospital for mental disorder on the basis of protection of the person and the public, and irrespective of mental capacity. The MCA 2005 applies only to those who lack the relevant decision-making capacity, covers (nearly) all decisions, and provides for deprivation of liberty based on the person’s best interests. There is considerable overlap between the two regimes, and the relationship can be extremely complex. This chapter briefly sets out how the MCA 2005 enables care and treatment to be delivered. It then explores the three primary interfaces between the two Acts: inpatient care and treatment, deprivation of liberty in hospital, and community MHA powers. Whereas the MHA has no age limit, the MCA 2005 applies to those aged 16 and over. The interface therefore only arises in relation to people aged 16 and over; consequently this chapter does not address the position of children aged below 16.

Chapter

AMHP practice context

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T

Approved Mental Health Professionals are specialist professionals authorised to make ethically complex and difficult decisions on the behalf of people with severe mental health difficulties. In this complex and challenging role, AMHPs must possess and deploy a range of skills, knowledge and values. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role, including: • working with mental health law; • risks and challenges in a Mental Health Act assessment; • staying safe as an AMHP; • resilience as a trainee and practitioner. Packed with helpful features such as illustrations, chapter summaries, discussion questions and further reading lists, this clear and concise book will be invaluable to students on AMHP and Best Interests Assessor programmes, as well as for professionals in the field. Approved Mental Health Professionals must possess and deploy a range of skills, knowledge and values in order to make ethically complex decisions on behalf of people with severe mental health difficulties. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role. AMHPs are employed in varied employment contexts throughout England and Wales: working within dedicated AMHP teams in local authorities (LAs); embedded in National Health Service (NHS) trusts, including mental health community teams; or working sessionally on a rota. Such diversity means that service delivery can be different from area to area and these differences may be reflected in practice. Alongside this, AMHPs are working within a legislative and policy context which can be interpreted differently across geographical regions. Therefore, it is necessary for the AMHP to understand their working context, to recognise these differences and to reflect on how this impacts on their work. This chapter aims to consider the AMHP in context, and explores the issues and themes that arise. The AMHP role is probably one of the most powerful within England and Wales, and therefore for good reason is independent and autonomous. On the one hand an AMHP can be directed to consider a referral for an MHA assessment, yet on the other hand an AMHP makes decisions independently and cannot be directed to use their powers. The AMHP is central to coordinating professionals and resources for the purpose of assessing need and risk, and deciding if it is proportionate for a person to lose their liberty, even temporarily. We return to the issues of independence and proportionality in Chapter 3. Through the making of an application for detention founded on medical recommendation(s), an AMHP can remove a person’s liberty: for up to 28 days (under MHA, s 2) or for up to six months, initially (under MHA, s 3).

Chapter

The BIA role in practice

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

Introduction

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T

Approved Mental Health Professionals are specialist professionals authorised to make ethically complex and difficult decisions on the behalf of people with severe mental health difficulties. In this complex and challenging role, AMHPs must possess and deploy a range of skills, knowledge and values. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role, including: • working with mental health law; • risks and challenges in a Mental Health Act assessment; • staying safe as an AMHP; • resilience as a trainee and practitioner. Packed with helpful features such as illustrations, chapter summaries, discussion questions and further reading lists, this clear and concise book will be invaluable to students on AMHP and Best Interests Assessor programmes, as well as for professionals in the field. Approved Mental Health Professionals must possess and deploy a range of skills, knowledge and values in order to make ethically complex decisions on behalf of people with severe mental health difficulties. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role. Welcome to The Approved Mental Health Professional Practice Handbook. This book has been written to acknowledge the complexities of being an Approved Mental Health Professional (AMHP) and the decisions to be taken under the Mental Health Act 1983 (MHA). The book focuses on the practice of undertaking the role, as well as on training and continuing professional development (CPD). Engaging in MHA work is much broader than simply applying and interpreting mental health and other legislation correctly. This work requires an AMHP to focus on the practicalities, the ethical dilemmas involved and to engage in critical reflection to enable the outcomes for the person concerned to be at the forefront of the AMHP’s thinking. This handbook has been written in consultation with practitioners and those who can be subject to the provisions of the Act (persons being assessed, carers, Nearest Relatives [NRs]) to include as many perspectives as possible. Where relevant, these narratives are included in the chapters. This handbook is designed for those who have already been approved as AMHPs, trainees and those who manage and educate both. It aims to be both a practical and reflective guide as well as a resource to apply and critique the complexities of the role. It will draw on relevant legislation, case law, Codes of Practice and Reference Guides but is not intended to be a law text. We recommend reading it alongside one of a number of law texts that exist, such as Richard Jones’ Mental Health Act Manual (Jones, 2019) or Brenda Hale’s Mental Health Law (Hale, 2017).

Chapter

Resilience as an AMHP

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T

Approved Mental Health Professionals are specialist professionals authorised to make ethically complex and difficult decisions on the behalf of people with severe mental health difficulties. In this complex and challenging role, AMHPs must possess and deploy a range of skills, knowledge and values. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role, including: • working with mental health law; • risks and challenges in a Mental Health Act assessment; • staying safe as an AMHP; • resilience as a trainee and practitioner. Packed with helpful features such as illustrations, chapter summaries, discussion questions and further reading lists, this clear and concise book will be invaluable to students on AMHP and Best Interests Assessor programmes, as well as for professionals in the field. Approved Mental Health Professionals must possess and deploy a range of skills, knowledge and values in order to make ethically complex decisions on behalf of people with severe mental health difficulties. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role. In this chapter we will consider what is needed to survive as an AMHP, both in training and in practice. Of late, there has been increased focus on building and sustaining resilience of AMHPs as an important consideration when ensuring good practice and maintaining a sustainable workforce. First, we will focus on the practicalities and implications of an experienced member of staff returning to full-time study as an AMHP trainee, and managing feelings of being de-skilled and frustrated by returning to education. Moreover, going on a placement with an organisation they already work in can impact on practitioners’ resilience. The chapter will also explore why it is valuable to become an AMHP, how it fits into continuing professional development (CPD), engagement with research and how to maintain learning in this specialist role. All this is highly relevant as the AMHP role can be challenging, and therefore there is a need for AMHPs to reflect on how they maintain their resilience and self-esteem in diverse and complex situations, including conflict management and acknowledging the emotional labour of the role. Finally, there will be an emphasis on reflective practice as an AMHP and ensuring that practitioners know what sources of support are available. As an experienced health and social care professional, you will know how challenging your work can be and how much energy it takes to do your job well. Social work and work in other health and social care professions is stressful, but practitioners also report that their work is rewarding, has meaning and provides the opportunity to help improve service users’ lives (Huxley et al, 2005a; Beddoe, 2011; Collins, 2017).

Chapter

The multi-professional AMHP role

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T
Chapter

Upholding rights and anti-oppressive practice

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T
Chapter

AMHP decision-making

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T

Approved Mental Health Professionals are specialist professionals authorised to make ethically complex and difficult decisions on the behalf of people with severe mental health difficulties. In this complex and challenging role, AMHPs must possess and deploy a range of skills, knowledge and values. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role, including: • working with mental health law; • risks and challenges in a Mental Health Act assessment; • staying safe as an AMHP; • resilience as a trainee and practitioner. Packed with helpful features such as illustrations, chapter summaries, discussion questions and further reading lists, this clear and concise book will be invaluable to students on AMHP and Best Interests Assessor programmes, as well as for professionals in the field. Approved Mental Health Professionals must possess and deploy a range of skills, knowledge and values in order to make ethically complex decisions on behalf of people with severe mental health difficulties. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role. In this chapter we will consider the nature of the AMHP role in terms of its unique features and key responsibilities in relation to reaching a decision. AMHPs have to make significant decisions as part of their role, most obviously whether they apply for a person to be compulsorily admitted to hospital or not. However, AMHPs have to make a host of other practice decisions before and after the decision whether to detain under the MHA, including involvement of the Nearest Relative and family, the correct form of transport, whether to use 14 days to decide to detain or not, protection of property, and caring responsibilities, including pets, and these are discussed in Chapters 6 and 7. This chapter will support AMHPs to reflect on the factors that impact on their decision-making, introduce frameworks to support ethical decision-making and consider interprofessional working in the AMHP context. This chapter will also link to the discussions on risk and AMHPs’ understanding their own risk thresholds, and the implications of this for practice. In AMHP practice you may find that some aspects of decision-making are more straightforward than others. Social care and health professionals make countless decisions in the work they undertake with people, their families and the support systems they engage with. Decision-making often appears fast and intuitive, powered by the professional’s accumulated knowledge and practice experience. Decision-making in AMHP practice warrants specific consideration because the principal decision – whether to make a formal application for detention, and in doing so temporarily deprive a person of their liberty – is so serious.

Preprint

The United Nations Convention on the Rights of Persons with Disabilities and Social Work: Evidence for Impact?

Featured 21 September 2023 MDPI AG Publisher
AuthorsMcCusker P, Gillespie L, Davidson G, Vicary S, Stone K

The United Nations Convention on the Rights of Persons with Disabilities (hereafter CRPD) has provided a radical imperative for the reform of mental health and capacity legislation around the world. The interpretation of the CRPD has been controversial, ranging from complete abolition of detention, forcible treatment and substitute decision making, to acceptance that elements of these measures need to be retained but based on non-discriminatory criteria, additional safe-guards and a comprehensive shift towards supported decision-making. While the potential ef-fects of the CRPD on mental health social work and social work generally are considerable given their shared commitment towards social justice, to date there has been no review of research evi-dence exploring their relationship. In addressing this knowledge gap, this study held a prelimi-nary discussion with practitioners and academics at the European Association of Social Work Mental Health Special Interest Group in Amsterdam 2022, followed by a scoping literature re-view on the question: What impact, if any, has the CRPD had on social work practice? The review produced four main findings: impact on legislation; positive impact on practice; limited impact on practice; and impact on social work education and research. In sum, while there were some positive indications of social work and mental health social work practice being influenced by the CRPD, these were scant. Barriers to change included tendencies among some social workers to practise substitute decision-making, in part related to resourcing and policy contexts, and under-standings of disability aligned to individualised/medical rather than social perspectives. The results indicate that legal reform on its own is insufficient to impact social work practice, and that realising the potential of the CRPD will necessitate good quality training, as well as improv-ing social workers’ knowledge of the human rights of people with mental impairment.

Journal article

‘I was going into it blind’: Nearest Relatives, legal literacy, and the Mental Health Act 1983

Featured May 2024 International Journal of Law and Psychiatry94:101981 Elsevier BV
AuthorsLaing J, Dixon J, Stone K

Eligible relatives are given rights and powers in the compulsory treatment of people with mental health problems in several international jurisdictions, including within England and Wales. However, little attention has been given to whether relatives feel legally literate or competent to fulfil such roles. This article examines this issue through focussing on the experiences of Nearest Relatives, who are given rights and powers during Mental Health Act 1983 (MHA) assessments for compulsory admission in England and Wales. Interviews with nineteen Nearest Relatives in England were conducted and were thematically analysed. Three themes were identified. First, NRs spoke about their awareness and knowledge of the role. They predominantly reported negative experiences in which they received no or little information. They also reported that professionals assumed they possessed legal knowledge, and their legal knowledge was largely self-taught. Secondly, NRs reported uncertainty about their own rights and powers, noting the role lacked status or informational or emotional support. Third, NRs highlighted areas for legal reform, stating that the NR role was important, but required specialist support systems for NRs. The findings of this study indicate greater attention needs to be given by law and policy makers to support relatives' understanding of their rights and powers under the MHA, if the NR role is to be effective in helping to safeguard patient rights under the European Convention on Human Rights. These include the right in Article 5 not to be arbitrarily deprived of one's liberty and the right to a private and family life in Article 8. Legislators also need to take account of these factors when considering proposals to reform mental health law in England and Wales.

Journal article

The United Nations Convention on the Rights of Persons with Disabilities and Social Work: Evidence for Impact?

Featured 01 October 2023 International Journal of Environmental Research and Public Health20(20):6927 MDPI AG
AuthorsMcCusker P, Gillespie L, Davidson G, Vicary S, Stone K

The United Nations Convention on the Rights of Persons with Disabilities (hereafter CRPD) has provided a radical imperative for the reform of mental health and capacity legislation around the world. The interpretation of the CRPD has been controversial, ranging from the complete abolition of detention, forcible treatment, and substitute decision-making to accepting that elements of these measures need to be retained based on non-discriminatory criteria, additional safeguards, and a comprehensive shift towards supported decision-making. While the potential effects of the CRPD on mental health social work and social work generally are considerable given their shared commitment towards social justice, to date there has been no review of research evidence exploring their relationship. In addressing this knowledge gap, this study held a preliminary discussion with practitioners and academics at the European Association of Social Work Mental Health Special Interest Group in Amsterdam 2022, followed by a scoping literature review on the question: What impact, if any, has the CRPD had on social work practice? The review produced four main findings: impact on legislation; positive impact on practice; limited impact on practice; and impact on social work education and research. In sum, while there were some positive indications of social work and mental health social work practice being influenced by the CRPD, these were scant. Barriers to change included tendencies among some social workers to practise substitute decision-making, in part related to resourcing and policy contexts, and understandings of disability aligned to individualised/medical rather than social perspectives. The results indicate that legal reform on its own is insufficient to impact social work practice, and that realising the potential of the CRPD will necessitate good quality training, as well as improving social workers’ knowledge of the human rights of people with mental impairment.

Chapter

Introduction

Featured 26 March 2026 Social Work in Mental Health Settings Policy Press
AuthorsVicary S, Davidson G, McCusker P, Stone K

Arising from the inauguration and subsequent development of the Mental Health Special Interest Group of the European Social Work Research Association (ESWRA), this edited collection was commissioned for the Research in Social Work book series which ESWRA hosts. It sets out to explore social work in mental health settings internationally. Simultaneously, it affords an opportunity for its readers to home in on particular aspects of practice that evidence the impact the profession of social work has in mental health settings. Acknowledging the common themes and tensions that exist between and within countries, this first edition brings together a variety of chapters exploring the development of social work in mental health settings in a range of countries. In so doing, the volume explores: the emergence of social work in these settings, how the context has shaped the role of social work, the impact of social work on the way services are delivered and the professional identity of social workers who practise in mental health settings. We believe this collection provides a strong basis for understanding the role of social work in mental health settings internationally, but we are also aware that it is just a start upon which we plan to build in the future. Social Work in Mental Health Settings brings together leading academics and practitioners to explore how mental health social work is shaped and practised around the world. In so doing, it responds to a striking lack of comparative literature in the field and offers a timely, global lens on the discipline. Combining macro-level analyses with in-depth country case studies – from Brazil and Bosnia and Herzegovina to China and Trinidad and Tobago – the book interrogates how mental health policy, law, political conflict and social movements influence practice. Essential reading for scholars and professionals working in social work and mental health, this book engages with urgent contemporary themes – from feminist care ethics and community care to self-harm and mindfulness – offering invaluable guidance for those seeking a deeper understanding of mental health social work in the global context. The Introduction outlines the context, purpose and scope of the edited collection. It discusses terminology, definitions and the writing process. It then provides an overview of the book’s structure and a summary of each chapter.

Chapter

List of figures and tables

Featured 26 March 2026 Social Work in Mental Health Settings Policy Press
AuthorsVicary S, Davidson G, McCusker P, Stone K

Arising from the inauguration and subsequent development of the Mental Health Special Interest Group of the European Social Work Research Association (ESWRA), this edited collection was commissioned for the Research in Social Work book series which ESWRA hosts. It sets out to explore social work in mental health settings internationally. Simultaneously, it affords an opportunity for its readers to home in on particular aspects of practice that evidence the impact the profession of social work has in mental health settings. Acknowledging the common themes and tensions that exist between and within countries, this first edition brings together a variety of chapters exploring the development of social work in mental health settings in a range of countries. In so doing, the volume explores: the emergence of social work in these settings, how the context has shaped the role of social work, the impact of social work on the way services are delivered and the professional identity of social workers who practise in mental health settings. We believe this collection provides a strong basis for understanding the role of social work in mental health settings internationally, but we are also aware that it is just a start upon which we plan to build in the future. Social Work in Mental Health Settings brings together leading academics and practitioners to explore how mental health social work is shaped and practised around the world. In so doing, it responds to a striking lack of comparative literature in the field and offers a timely, global lens on the discipline. Combining macro-level analyses with in-depth country case studies – from Brazil and Bosnia and Herzegovina to China and Trinidad and Tobago – the book interrogates how mental health policy, law, political conflict and social movements influence practice. Essential reading for scholars and professionals working in social work and mental health, this book engages with urgent contemporary themes – from feminist care ethics and community care to self-harm and mindfulness – offering invaluable guidance for those seeking a deeper understanding of mental health social work in the global context.

Chapter

16 The role of law in mental health social work practice, local and global

Featured 26 March 2026 Social Work in Mental Health Settings Policy Press
AuthorsVicary S, Stone K

Arising from the inauguration and subsequent development of the Mental Health Special Interest Group of the European Social Work Research Association (ESWRA), this edited collection was commissioned for the Research in Social Work book series which ESWRA hosts. It sets out to explore social work in mental health settings internationally. Simultaneously, it affords an opportunity for its readers to home in on particular aspects of practice that evidence the impact the profession of social work has in mental health settings. Acknowledging the common themes and tensions that exist between and within countries, this first edition brings together a variety of chapters exploring the development of social work in mental health settings in a range of countries. In so doing, the volume explores: the emergence of social work in these settings, how the context has shaped the role of social work, the impact of social work on the way services are delivered and the professional identity of social workers who practise in mental health settings. We believe this collection provides a strong basis for understanding the role of social work in mental health settings internationally, but we are also aware that it is just a start upon which we plan to build in the future. Social Work in Mental Health Settings brings together leading academics and practitioners to explore how mental health social work is shaped and practised around the world. In so doing, it responds to a striking lack of comparative literature in the field and offers a timely, global lens on the discipline. Combining macro-level analyses with in-depth country case studies – from Brazil and Bosnia and Herzegovina to China and Trinidad and Tobago – the book interrogates how mental health policy, law, political conflict and social movements influence practice. Essential reading for scholars and professionals working in social work and mental health, this book engages with urgent contemporary themes – from feminist care ethics and community care to self-harm and mindfulness – offering invaluable guidance for those seeking a deeper understanding of mental health social work in the global context. This chapter provides an overview of mental health locally and globally and the social work role in this area, taking a national and international perspective. It considers why knowledge of mental health law and practice is important to all social workers and discusses the perspectives social workers bring. It will be seen that social work in mental health settings is a significant area of practice. Although legislation provides a framework for compulsory care and treatment of mental health, it does not provide answers in practice, nor are statutory functions the only work in which social workers in mental health settings are involved. In both, there are tensions and conflicts that social workers must also deal with daily.

Chapter

Legislation and case law

Featured 09 July 2020 The Approved Mental Health Professional Practice Handbook Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T

Approved Mental Health Professionals are specialist professionals authorised to make ethically complex and difficult decisions on the behalf of people with severe mental health difficulties. In this complex and challenging role, AMHPs must possess and deploy a range of skills, knowledge and values. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role, including: • working with mental health law; • risks and challenges in a Mental Health Act assessment; • staying safe as an AMHP; • resilience as a trainee and practitioner. Packed with helpful features such as illustrations, chapter summaries, discussion questions and further reading lists, this clear and concise book will be invaluable to students on AMHP and Best Interests Assessor programmes, as well as for professionals in the field. Approved Mental Health Professionals must possess and deploy a range of skills, knowledge and values in order to make ethically complex decisions on behalf of people with severe mental health difficulties. This invaluable handbook considers these challenges and provides in-depth guidance on all key aspects of the role.

Chapter

BIA futures

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

Introduction

Featured 26 March 2026 Social Work in Mental Health Settings Policy Press
AuthorsVicary S, Davidson G, McCusker P, Stone K
Chapter

Making Deprivation of Liberty Safeguards decisions

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

Working with others

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

Evidence-informed practice

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

Statutes and case law

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

Ethical dilemmas in BIA practice

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Book

The Approved Mental Health Professional Practice Handbook

Featured 09 July 2020 Policy Press
AuthorsStone K, Vicary S, Spencer-Lane T
Chapter

DoLS mapping

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

BIA continuing professional development

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

Abbreviations and acronyms commonly used in BIA practice

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

Introduction

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

BIA recording

Featured 25 October 2022 The Best Interests Assessor Practice Handbook Policy Press
AuthorsHubbard R, Stone K
Chapter

Risky behaviour in difficult times: Understanding and working with young people who self-harm

Featured 26 March 2026 Social Work in Mental Health Settings International Perspectives on Practice Policy Press
AuthorsAuthors: Hill D, Penson W, Editors: Stone K, Vicary S, McCusker P, Davidson G

Essential reading for scholars and professionals working in social work and mental health, this book engages with urgent contemporary themes – from feminist care ethics and community care to self-harm and mindfulness – offering ...

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Section 135(1) warrants under the Mental Health Act 1983 and Approved Mental Health Professional Decision Making

01 September 2025

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