FAMILIES & SOCIAL CARE DIRECTORATE
KENT COUNTY COUNCIL
BEST INTERESTS ASSESSOR MODULE
APPLICATION FORM 2014
1. FULL NAME:
2. HOME ADDRESS AND TEL. NO.:
3. TEAM:
4. WORKBASE AND TEL. NO.:
5. POST/TITLE:
6. E MAIL ADDRESS:
7. PROFESSIONAL QUALIFICATION:
Date of award:
8. OTHER ACADEMIC QUALIFICATIONS:
9. PROFESSIONAL REGISTRATION:
Date:
You will be expected to bring copies of your qualification and registration certificates to
the selection interview.
Signed:
(Candidate)
Date:
I endorse this application for the Best Interests Assessor Modules
Signed:
(Team Manager)
Date:
Signed:
(Head of Service/Area Manager)
Date:
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PLEASE ATTACH STATEMENTS (APPROX. 300 WORDS EACH) ON
EACH OF THE FOLLOWING AREAS:
a) A description of your professional responsibilities and activities since
qualifying including your experience of working with people with a
learning disability and/or other forms of mental disorder and/or older
people.
b) A description of your reasons for wishing to undertake the Best
Interests Assessor module in the context of your continuing
professional development.
c) Your understanding of the role of the Best Interests Assessor under
the Deprivation of Liberty Safeguards arrangements.
E-mail this completed application form to annie.ho@kent.gov.uk
by 30 January 2014.
Please note that selection interviews will take place on 3 or 6 February.
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The Role of the Best Interests Assessor under the Deprivation
of Liberty Safeguards
1. Background
The Mental Health Act 1983 as amended by the Mental Health Act2007,
which received Royal Assent in July 2007, as well as amending the Mental
Health Act 2003, was used as the vehicle for introducing deprivation of liberty
safeguards into the Mental Capacity Act 2005.
The aim of the deprivation of liberty safeguards is to provide legal protection
for those vulnerable people who are deprived of their liberty otherwise than
under the Mental Health Act 1983 as amended by the MHA 2007, to prevent
arbitrary decisions to deprive a person of liberty and to give rights to challenge
deprivation of liberty. The safeguards apply to people who lack capacity to
consent to care or treatment, and who are suffering from a disorder of mind.
People who need to be covered by the deprivation of liberty safeguards will be
mainly those with significant learning disabilities or older people suffering from
dementia or some similar disability, but will include those who have certain
neurological conditions and a minority of others who have suffered physical
injury.
(Department of Health November 2007)
2. Deprivation of Liberty Safeguards Assessment
Whenever a hospital or care home identifies that a person who lacks capacity
is being or risks being, deprived of their liberty, they must apply to the
‘supervisory body’ for authorisation of deprivation of liberty. The supervisory
body is the Local Authority where the relevant person is ordinarily resident.
Where the person is not ordinarily resident in the area of an English Local
Authority, the supervisory body will be the local authority in which the health
or social care setting is situated.
When the supervisory body receives a request for authorisation of deprivation
of liberty they must obtain 6 assessments:
1.
2.
3.
4.
5.
6.
Age assessment
Mental health assessment
Mental capacity assessment
Eligibility assessment
Best interests assessment
No refusals assessment
3. The Role of the Best Interests Assessor
The best interests assessment must be carried out by a Best Interests
Assessor (BIA).
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The Best Interests Assessor will be required to decide whether or not the
proposed course of action would constitute a deprivation of liberty and if it
does it is:



In the best interests of the person to be subject to the authorisation,
and
necessary in order to prevent harm to them; and
a proportionate response to the likelihood of suffering harm and the
seriousness of that harm.
The Best Interests Assessor will be required to take into account the views of:




Anyone named by the person as someone to be consulted;
Anyone engaged in caring for the person or interested in his or her
welfare;
Any attorney; and
Any deputy
The Best Interests Assessor may recommend conditions to be attached to
any authorisation issued, for example steps to be taken to keep contact with
family or to ensure cultural or faith-based needs are met.
If the Best Interests Assessor concludes that deprivation of liberty is
necessary in a person’s best interests to protect them from harm, they will be
required to recommend the time period of the authorisation, taking account of
the possibility of circumstances changing. They will also be required to
recommend who would be the best person to be appointed to represent the
person’s interests. The person concerned will choose their own
representative if they have the capacity to do so. If not, the Best Interests
Assessor will consider whether there is someone among those to be
consulted who would be suitable.
4. Who Can Act as a Best Interests Assessor?
Regulation 5. (1) A person is eligible to carry out a best interests assessment
(f) if they are –
a) An approved mental health professional;
b) A social worker registered with the General Social Care Council of
Care Council for Wales;
c) A first level nurse, registered in Sub-Part 1 of the Nurses’ Part of
the Register maintained under article 5 of the Nursing and
Midwifery Order 2001;
d) An occupational therapist registered in Part 6 of the register
maintained under article 5 of the Health Professions Order 2001; or
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e) A chartered psychologist who is registered with the British
Psychological Society and who holds a practising certificate issued
by the Society.
(2) The supervisory body is satisfied that a person has the ability to take
account of diverse views and weigh them appropriately in decision making.
and
Regulation 3
b) a supervisory body is satisfied that they have successfully
completed a course of study that is approved by the Secretary of State,
and
c) a supervisory body is satisfied that they have the skills and
experience appropriate to the assessment that they are to carry out
which must include, but is not limited to, the following skills –
I. understanding and respect for individual’s qualities, abilities and
diverse backgrounds,
II. the ability to act independently, and
III. to establish effective relationships with service users, people
lacking capacity and carers.
(Draft Mental Capacity Regulations 2008, DOH)
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