West Midlands Regional Advisory Panel
On The Approval Of Medical Practitioners
Under Section 12(2)
Of The Mental Health Act 1983
CRITERIA FOR APPROVAL
And
GUIDANCE ON COMPLETING THE APPLICATION FORM
Any queries please contact:
Mrs Heather Waltham
Mental Health Co-ordinator for Regional Services
Birmingham and Solihull Mental Health NHS
Foundation Trust
Regional Services
Unit 1, B1
50 Summer Hill Road
Birmingham
B1 3RB
Tel:
Fax:
0121 301 1250
0121 301 1277
Please keep this guide for future reference
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CRITERIA FOR APPROVAL
1.0 CRITERIA FOR APPROVAL
Before completing the application form would you please ensure that
you meet the panel’s criteria for approval:-
1.1 CAREER GRADE PSYCHIATRISTS
Should, either:
(a) Have had three year’s post registration clinical experience in relevant
areas. This should include the equivalent of at least four months full time
psychiatric experience in a post within the last three years which forms
part of a training scheme approved by the Royal College of Psychiatrists
and which involves dealing, at least in part, with patients detained under
the Mental Health Act 1983.
or,
(b) Have Membership of the Royal College of Psychiatrists.
1.2 PSYCHIATRISTS FROM OVERSEAS
Should either:
(a) Have a qualification equivalent to the MRC Psych. such as the European
C.C.S.T., American Board Examination, F.R.A.N.Z.C.P. etc.
Applicants with overseas qualifications who have had no previous
experience of using the Mental Health Act 1983 would need to undergo
an individual period of Induction and Training from their employer as
recommended by the Regional Advisory Panel. Further information may
be obtained from Heather Waltham.
or,
(b) Applicants would need to fulfil paragraph 1.1 (a) above.
Please Note: The term ‘OVERSEAS’ is used here to identify all regions not
covered by the Mental Health Act 1983 (England and Wales).
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1.3 STAFF AND ASSOCIATE SPECIALIST GRADE PSYCHIATRISTS
Applications which are received from:
(a) Staff and Associate Specialist Grade psychiatrists who within the
last three years have fulfilled the criteria that would apply to any
career psychiatrist or general practitioner.
Will be dealt with in the same way as those from career
psychiatrists/general practitioners.
(b) Staff and Associate Specialist Grade psychiatrists who fulfill the
criteria for a career grade psychiatrist/general practitioner, but who
have not worked in either of these fields for the last two years.
The Medical Director of the Trust should ensure that there is a local
mechanism to ensure the doctor is introduced to mental health issues
prior to seeking approval for Section 12(2) recognition. (see Guidance on
Introductory Training available from Heather Waltham.
(c) Staff and Associate Specialist Grade psychiatrists who do not fulfil
the Panel’s criteria either that for psychiatrists or that for general
practitioners, but who have more than 5 years of psychiatric
experience, may be considered by the Regional Advisory Panel.
Their applications will be dealt with in the same way as those from
overseas doctors and an assumption made that they will have very
limited knowledge of the Mental Health Act. They should, therefore,
undergo the same form of Introductory Training Programme organised by
the Medical Director of the local Mental Health Trust, as described in the
Guidance on Introductory Training available from Heather Waltham.
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1.4 GENERAL PRACTITIONERS
Should either,
(a) Have the MRCGP
or,
(b) Have had three years full time equivalent experience as a principal.
IN ADDITION, they must:(c) During Post Graduate Education have had an appropriate full-time or
equivalent experience in psychiatric work involving use of the Mental
Health Act 1983.
(d) Supply written references from TWO local consultant psychiatrists who
have current Section 12(2) approval, which should be submitted with
the application form.
1.5 FORENSIC PHYSICIANS/FORENSIC MEDICAL EXAMINERS
The Regional Advisory Panel recognises Forensic Physicians as a unique
group. Many Forensic Physicians/FMEs will be General Practitioners and
could qualify for approval under Paragraph 1.4 above. However they can
seek Section 12(2) approval as a Forensic Physcian/FME if they satisfy the
following criteria:(a) Have had 3 years post-registration clinical experience in relevant areas
[see 2.7 para (a)]
(b) Have had a minimum of 6 months full time or 12 months part time (or the
equivalent) employment as a Forensic Physcian/FME.
(c) Be able to confirm that they have taken part in a significant number
(normally 15) of formal mental health assessments, (Sections 135, 136,
2, 3, or 4) during the previous twelve month period.
(d) Give the name and address of the local lead Forensic Physician whom
the Regional Advisory Panel will approach for a reference (which will
include evidence with respect to training), in support of their request for
Section 12(2) approval.
1.6
Those practitioners who do not fulfill the above criteria but who have
other training or experience may submit their application together with
evidence of ‘special experience’ of qualifications such as Diploma in
Psychological Medicine or a Diploma in Medical Jurisprudence to the Panel
for special consideration.
(Please enclose copies of Certificates)
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GUIDANCE ON COMPLETING THE APPLICATION FORM
BEFORE COMPLETING THE APPLICATION FORM PLEASE:
Ensure that you meet the criteria for approval

Read through the Guidance on completing the Application Form

Complete the form BY PRINTING IN BLACK INK

Answer ALL of the questions

Include detailed information where requested.
If insufficient information is supplied or your Application Form is not legible
it will be returned to you and this will delay the processing of your
application.
1.0 APPLICATIONS FROM DOCTORS FROM OVERSEAS,
STAFF AND ASSOCIATE SPECIALIST GRADE PSYCHIATRISTS
(see paragraphs 1.2 and 1.3)
Must be accompanied by a letter from the Medical Director of their Mental
Health Trust to say that they are satisfied that the applicant has satisfactorily
completed the Introductory Training set out in the Panel’s Guidance Note
“Mental Health Law Introductory Training for Staff and Associate Specialist
Grade psychiatrists seeking Approval Under Section 12(2) of the Mental
Health Act 1983”
2.0 MEDICAL INDEMNITY (question 4)
Applicants should be aware that medical indemnity by the NHS does not
usually cover assessments made beyond health authority or trust premises
with the exception of domiciliary visits. You should personally arrange for
appropriate medical indemnity cover.
3.0 ADDRESS AND TELEPHONE NUMBER(S) FOR CONTACT
(questions 5 and 6)
When applying for approval it is most important that you supply an address
and telephone number(s) for contact that can be included on the Regional
Data Base and in the Regional Schedule of approved doctors should approval
be granted. This must be the FULL address including the postcode.
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4.0 CURRENT APPOINTMENT (question 7)
Please give details of your present appointment (grade/designation/specialty),
your employer and the date on which you took up the post.
5.0 QUALIFICATIONS (question 8)
Please give details of qualifications obtained, including preliminary psychiatric
examinations, and the dates on which they were obtained.
6.0 EDUCATION AND TRAINING IN USE OF MENTAL HEALTH ACT 1983
(question 9)
When answering this question please provide evidence of:(a) Post registration clinical experience.
This should be a minimum of 3 years and in addition to psychiatry,
relevant areas could include general practice, accident and emergency
medicine and older adult medicine.
(b) The extent of your experience in the use of the Mental Health Act 1983.
(c) Where and when this was obtained.
(d) The continuing postgraduate psychiatric education you have received.
(e) Training you have received in the past 5 years on the use of the Mental
Health Act 1983 and more recent legislation. Please give dates of
Courses attended.
7.0 REFERENCES (question 11)
Please carefully follow the instructions on the form as the reference
requirements differ according to the type application being made.
References can only be accepted from Consultant Psychiatrists having
current Section 12(2) approval who are able to confirm that they have
had professional working knowledge of the applicant for a period of at
least three months within the last six months.
References should be enclosed with the application form.
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8.0 NOTES TO APPLICANTS:
(a) If approval is recommended by the panel, practitioners must attend a
two day Training Course organised by the Regional Advisory Panel. On
the production of a Certificate of Attendance at such a Course first time
approval will normally be granted for a period of five years.
At the discretion of the panel, first time applicants may be granted
provisional approval for a period of one year, during which time
practitioners must attend a two day Training Course organised by the
Regional Advisory Panel. On the production of a Certificate of
Attendance at such a Course, the Panel will extend the "Approval" for a
further four years.
(b) When re-approval is sought applicants will be expected to have attended
a minimum of 9 hours Refresher Training within CPD on the use of the
Mental Health Act 1983 and other more recent legislation, over a five
year period spread out over at least 3 or more separate Courses.
(Refresher courses are organised by the local Panel members and
Clinical Tutors as part of the Mental Health Trusts’ academic
programme.)
(c) If you are granted approval, your name and address for contact ( as
given in question 5 and 6) will automatically be included on the Schedule
of Approved Medical Practitioners which is circulated to the following
agencies around the region:- Health Authorities, NHS Trusts, Social
Services Departments, Police Authorities, Clerks to the Justices and the
Prison Medical Service. These details will be stored on computer and
registered under the requirements of the Data Protection Act 1984
L:\S.12(2) Forms\Criteria and Guidance for Approval (April 07)
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CHANGE OF ADDRESS / CONTACT DETAILS
You should note that it is your responsibility to notify me of any change of your address,
telephone number, designation or other circumstances affecting your Section 12 approval
so that our Register can be kept up to date. If you change your address (work or home) without
advising me, and we no longer have an address for contact, your name will be removed from the
Regional Schedule and there is a danger that your approval may lapse without your knowing.
Please return to: Mrs Heather Waltham
Mental Health Co-ordinator for Regional Services
Regional Services
Birmingham & Solihull Mental Health NHS Trust
Unit 1, B1
50 Summer Hill Road
Birmingham
Tel:
0121 301 1250 or 0121 301 1251
B1 3RB
Fax: 0121 301 1277
Please change to:
Surname ....................................................
....................................................................
Forenames ................................................
....................................................................
Current
Appointment
.....................................................................................................
Locum/Substantive (please delete as appropriate)
Hospital/Surgery
Address:
.....................................................................................................
.....................................................................................................
.....................................................................................................
Postcode ....................................................................................
Tel ..................................................... Ext ..............................
Mobile .........................................................................................
Home Address:
................................................................................. (Include Y/N)
NB Please indicate
if you wish your
home address,
telephone number
and/or mobile
telephone number
to be included on
the Regional
Schedules which
are circulated to
relevant agencies.
.....................................................................................................
.............................................. Postcode ...................................
Tel .......................................................................... (Include Y/N)
Mobile ..................................................................... (Include Y/N)
Unfortunately we can only include telephone numbers where the home
address is to be included on the schedule.
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