Practice of Best Interest Assessor

Introduced into the Mental Capacity Act in 2007, the Deprivation of Liberty Safeguards (DoLS) (2009) provide important protections for people who require care or treatment in a registered care home, nursing home or hospital setting and who lack capacity to make a decision about how their care is provided. The Best Interests Assessor role is central to this process, by ensuring that the wishes and feelings of individuals lacking capacity are heard, and their fundamental human rights are protected.

This module aims to equip students with the knowledge and skills relevant to the role and enable them to apply appropriate legislation, to safeguard and promote the rights of individuals involved

Module content includes: 

• Background to the Mental Capacity Act (2005) and DoLS (2009)
• Interface with the Human Rights Act (1998) the Mental Health Act 1983, The Care Act (2014) and related Codes of Practice
• Understand the role of the Best Interest Assessor including an awareness of legal responsibilities and accountability.
• Understand the responsibilities of organisations and other professionals involved in the process. 
• Understand how to apply the MCA principles in capacity assessments and best interest decisions and present clear and reasoned reports in accordance with legal requirements and good practice
• Preparation for the new Liberty Protection Safeguards (LPS): Update on implementation, awareness of the change LPS will bring and an understanding of the new Approved Mental Capacity Professional role.