What are best interest assessments?
Best interests assessors are the lynchpin on which the entire edifice of DoLS rests, and they have a range of duties that fall to them within the operation of the Safeguards. Best interests assessors are often the main assessors though a mental health assessor may also assess capacity.
What is the purpose of a best interest assessment?
Carrying out a best interests assessment is a complex but vital task. Its purpose is to decide whether a deprivation of liberty is happening or may happen, and if it is whether this is in the best interests of the person affected.
How do you become a best interest assessor?
Students must be a qualified and registered Social Worker, Nurse, Mental Health Nurse, Approved Mental Health Practitioner, Chartered Psychologist or Occupational Therapist with a minimum of 2 years post-qualification experience at the point of application.
What is a best interest checklist?
Section 4 of the Mental Capacity Act has a best interests checklist, which outlines what someone needs to consider before taking an action or decision for you while you lack capacity.
How are best interest decisions made?
A Best Interest decision can only be made:
- After having regard to all of the ‘relevant circumstances’; and.
- You must not disregard any relevant circumstances that the person has asked you to consider.
What are best interest meetings?
A best interests meeting may be needed where an adult (16+) lacks mental capacity to make significant decisions for themselves and needs others to make those decisions on their behalf. Issues around a person’s capacity should however ordinarily be resolved before a best interests meeting is convened.
What are best interest decisions?
A Best Interests decision is a decision made by applying the Best Interest principle, as set out in the Mental Capacity Act 2005. A Best Interests decision is a decision made for and on behalf of a person who lacks capacity to make their own decision.
How do you make best interest decisions?
2. The Checklist for Applying the Best Interest Principle
- The checklist.
- Encourage participation of the person.
- Identify all relevant circumstances.
- Find out the person’s views.
- Avoid discrimination.
- Assess whether the person might regain capacity.
- Consult others.
- Avoid restricting the person’s rights.
Who acts as a best interest assessor?
The Best Interest Assessor (BIA) Be a registered social worker; or. Be a qualified and registered first level nurse, Occupational Therapist or chartered Psychologist; and. Have had at least 2 years post qualifying experience; and. Have successfully completed approved Best Interest Assessor training; and.
Who is involved in a best interests meeting?
It is generally best practice that the person who chairs or co-ordinates the best interests’ meeting is not the person who is the decision-maker. This avoids any possible conflict of interest. The decision-maker must attend the meeting. 5.2.
What is the best interest process?
Best Interests is a statutory principle set out in section 4 of the Mental Capacity Act. It states that ‘Any act done, or a decision made, under this Act or on behalf of a person who lacks capacity must be done, or made, in his best interests’.
What is a best interest decision?
A Best Interests decision is a decision made for and on behalf of a person who lacks capacity to make their own decision. A Best Interests decision should, wherever possible reflect the decision that the person lacking capacity would make for themselves.
Who is responsible for the best interests assessment?
Best interests assessors are often the main assessors though a mental health assessor may also assess capacity. They are responsible for ascertaining that the person is 18 or older (the age assessment, now generally incorporated as part of the best interests assessment).
When to apply for a best interests assessor?
A best interests assessor should also be able to recognise when it may be appropriate for the hospital to make an application to the Court of Protection under Practice Direction 9e ( 67) (applications relating to serious medical treatment) ref to PD9e. Molly (91) was admitted to a large general hospital from her home with a chest infection.
What are the duties of a Dols best interests assessor?
Eligibility to be a best interests assessor is described in the DoLS Regulations. ( 66 ) Best interests assessors are the lynchpin on which the entire edifice of DoLS rests, and they have a range of duties that fall to them within the operation of the Safeguards.
How does a best interest assessor determine a person’s liberty?
Determining whether the person is deprived of their liberty The first condition that the Best Interest Assessor must determine is whether the relevant person is detained (and as such, being deprived of their liberty). They should do this by: Examining copies of relevant assessments or care plans drawn up by the Local Authority; and
