Shadowing a Best Interests Assessor

Option A (preferred) You need to write up to 2500 words (maximum) on a case scenario. You are required to shadow a Best Interests Assessor for a period of time that is sufficient to witness at least one DOLS Best Interests Assessment. You should then use this experience to write an account of the case.

We also require you to write up this assessment (anonymised) on an ADASS form 3 to enable you to demonstrate your competence in recording accurate and appropriate information. This form needs to be submitted as an appendix to your 2 500 word case study.

Please ensure that you are party to any consultations that the BIA undertakes both before and after the shadowing to enable you to complete this part of the task.

If you cannot be there in person, please arrange a time to speak to the BIA to find out about the conversations he/she has had. NB the completed form 3 is not included in the word count.

You should:

Describe the processes that were followed in order to complete the necessary assessments and comply with the Deprivation of Liberty Safeguards Regulations. This should include the assessments completed by the assessor that you shadowed and any other assessments completed by others (e.g. a mental health assessor).

Describe and analyse any difficulties encountered and any areas in which there disagreements, uncertainties or divergence from the code of practice.

Include full information about the people who were consulted, their roles, the information required from each, and the timescales involved. This must include the role of representatives (RPRs and IMCAs)

Shadowing a Best Interests Assessor

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Refer to each of the six assessments and state who undertook each assessment and why.

Refer to the legislation, codes of practice and case law to support your answer, in particular we are looking for the application of the ‘acid test’ , the 5 main principles of the MCA, the section 4 checklist and the relevant paragraphs from the DOLS code of practice.

Ensure that you reference your sources accurately, using the standard Harvard system

Brayne, H. and Carr, H. (2015) Law for Social Workers. 12^th edition. Oxford: Oxford University Press.

Davies, M (2012) Social Work with adults: Policy, law, theory, research and practice. Basingstoke: Palgrave Macmillan.

Dimond, B. (2016). Legal aspects of mental capacity: a practical guide for health and social care professionals. Chichester, West Sussex: Wiley Blackwell.

Dyke, C. (2019) Writing analytical assessment in social work. 2^nd edition St Albans: Critical Publishing.

Fennell, P. (2014). The Mental Capacity Act 2005, the Mental Health Act 1983, and the Common Law. International Journal of Mental Health and Capacity Law, 1(13), p.163. doi:https://doi.org/10.19164/ijmhcl.v1i13.178.

House of Lords (2014) Mental Capacity Act 2005:Post-Legislative Scrutiny.

Hubbard, R. and Stone, K. (2022). The Best Interests Assessor Practice Handbook. Policy Press.

Ministry Of Justice (2008). Mental capacity act 2005 deprivation of liberty safeguards: code of practice to supplement the main mental capacity act 2005 code of practice. London: H.M.S.O.

Richards, S. and Mughal, A.F. (2015). Deprivation of liberty safeguards (DoLS) handbook. Hounslow: Bookswise, November.

Smale,G.,Tuson,G.,Biehal, N., and Marsg, P.(1993) Empowerment, Assessment, Care Management and the Skilled Worker. National Institute for social work practice and Development Exchange. London: HMSO.

The Law Society. (2015) Identifying a deprivation of liberty: a practical guide.