Social workers in England
Regulation of social workers in England and associated provisions
	Social work has existed as a profession for many years, but it has only been subject to statutory regulation since 2001. Between 2001 and 1 August 2012, social workers and social work students were regulated by the General Social Care Council ("GSCC"). The GSCC was an executive, non-departmental public body in England established under Part 4 of the Care Standards Act 2000 (‘the CSA 2000’), sponsored by the Department of Health and abolished as part of an arm’s-length body review. Its functions were moved to the Health Professions Council which then became the ‘Health and Care Professions Council’ to reflect its wider remit (‘the HCPC’) under provisions in the Health and Social Care Act 2012. Part 4 of the CSA 2000 was amended by the HSCA 2012 to remove references to the GSCC and to reflect the transfer of regulation to the HCPC.
	The Secretary of State has certain functions in relation to social care workers (which includes social workers) set out in section 67 of the CSA 2000, but may not exercise the following functions in relation to a person who is a registered social worker with HCPC: ascertaining what training is required by persons who are or wish to become registered social workers; and drawing up occupational standards in relation to registered social workers.
	The principal legislation governing regulation by the HCPC is section 60 of the Health Act 1999. This provides for Her Majesty by Order in Council to make provision for the purpose of regulating a wide range of health professions, social workers and other care workers. The power is subject to a range of limitations, in particular the supplementary provisions in Schedule 3 to the 1999 Act. Regulation by HCPC is provided for by the Health and Social Work Professions Order 2001 (2002/254, ‘the 2001 Order’).
	The HCPC is subject to oversight by the Professional Standards Authority ("the PSA") which was established under the NHS Reform and Health Care Professions Act 2002 and which also oversees a number of other regulatory bodies. The 2001 Order provides for approval by the Privy Council of new rules and regulations made by HCPC in respect of the professions it regulates.
	Relevant EU legislation is the Recognition of Professional Qualifications Directive 2005/36/EC ("the MRPQ Directive"), as amended by Directive 2013/55. The MRPQ Directive replaced 15 other Directives in the field of recognition of professional qualifications; and provides for a general system of recognition in relation to certain categories of professionals, which include social workers. The HCPC is the relevant competent authority in relation to social workers in England for the purposes of recognition of qualifications.
	Approved Mental Health Professionals
	Approved Mental Health Professionals (‘AMHPs’) have a key role in detaining mentally disordered patients under the Mental Health Act 1983 (‘the Mental Health Act’): they make applications for assessment and detention. AMHPs perform certain other functions, for example, in relation to community treatment orders and guardianship. The Mental Health Act provides for the approval of AMHPs and the approval of AMHP courses in England and Wales. In 2008, the Act was amended to allow professions other than social workers to qualify as AMHPs.
	Best Interest Assessors
	The Mental Capacity Act 2005 (‘the MCA 2005’) makes provision for deprivation of liberty safeguards to authorise a deprivation of liberty in a hospital or a care home. This entails six assessments:
age assessment (to confirm the person is 18 or over);
no refusals assessment (to establish whether an authorisation would conflict with other existing authority for decision-making for that person, such as an advance decision to refuse treatment under the MCA 2005);
mental capacity assessment (to establish whether the relevant individual lacks capacity to decide whether they should be accommodated in the hospital or care home);
mental health assessment (to determine whether the relevant individual has a mental disorder within the meaning of the Mental Health Act);
eligibility assessment (this is met unless the person is ineligible to be deprived of their liberty under Schedule 1A to the MCA);
best interests assessment (to establish whether deprivation of liberty is occurring or is going to occur, and if so, whether it is in the best interests of the relevant individual to be deprived of liberty; necessary for them to be deprived of liberty in order to prevent harm to themselves; and a proportionate response to the likelihood of suffering harm and the seriousness of that harm) – see paragraphs 38 to 45 of Schedule A1 to the MCA 2005.
	The relevant assessment to this Act is f, the best interests assessment. The MCA 2005 and Regulations made under it provide for the selection of a Best Interests Assessor, and this Act deals with the specification of training for Best Interests Assessors.