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Rachel Hubbard - The Best Interests Assessor Practice Handbook

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The Best Interests Assessor (BIA) Practice Handbook is firmly grounded in real-life practice and remains the only textbook focusing directly on the BIA role. Offering clear and practical advice on the legal elements of the role, and the values and practice elements of working within the Deprivation of Liberty Safeguards (DoLS) framework, this is essential reading for BIA students and practitioners. This fully-updated edition takes account of recent legislative changes, including the planned changes from the Liberty Protection Safeguards (LPS), recent case law and the impact of the COVID-19 pandemic on BIA practice. Packed with advice on delivering effective, person-centred, rights-driven practice, it includes: case studies; legal summaries; decision-making activities; CPD support; examples of new case law in practice. Looking forward, the book considers the new context for practice in the Approved Mental Capacity Professional (AMCP) role within the LPS and the potential roles that BIAs might fulfil in this new framework in the future.

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First published in Great Britain in 2018 by Policy Press University of - photo 1
First published in Great Britain in 2018 by Policy Press University of - photo 2
First published in Great Britain in 2018 by
Policy Press University of Bristol 1-9 Old Park Hill Bristol BS2 8BB UK Tel +44 (0)117 954 5940 e-mail
North American office: Policy Press c/o The University of Chicago Press 1427 East 60th Street Chicago, IL 60637, USA t: +1 773 702 7700 f: +1 773-702-9756 e:
Policy Press 2018
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested
ISBN 978-1-4473-3555-9 paperback
ISBN 978-1-4473-3554-2 hardcover
ISBN 978-1-4473-3556-6 ePub
ISBN 978-1-4473-3557-3 Mobi
ISBN 978-1-4473-3558-0 ePdf
The right of Rachel Hubbard and Kevin Stone to be identified as authors of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act 1988.
All rights reserved: no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior permission of Policy Press.
The statements and opinions contained within this publication are solely those of the authors and not of the University of Bristol or Policy Press. The University of Bristol and Policy Press disclaim responsibility for any injury to persons or property resulting from any material published in this publication.
Policy Press works to counter discrimination on grounds of gender, race, disability, age and sexuality.
Cover design by Andrew Corbett
Front cover image: www.alamy.com
Readers Guide
This book has been optimised for PDA.
Tables may have been presented to accommodate this devices limitations.
Image presentation is limited by this devices limitations.
Contents
Rachel Hubbard is a registered social worker, qualified teacher and Best Interests Assessor (BIA). She has more than 25 years practice experience in adult social care and mental health work for both the National Health Service and local authorities. She has worked as a training officer for North Somerset Council where she was the training lead for safeguarding adults, the Mental Capacity Act 2005, the Deprivation of Liberty Safeguards (DoLS), the Care Act 2014, and continuing professional development (CPD), including the social work Assessed and Supported Year in Employment (ASYE) and post-qualifying training for social workers, Approved Mental Health Professionals (AMHPs) and BIAs. She has worked for Bristol City Council as DoLS Coordinator and as a BIA for both Bristol and North Somerset. She is now Senior Lecturer in Social Work at the University of the West of England, Bristol, where she teaches on their undergraduate and CPD social work programmes, acts as Module Leader for the BIA module and is now social work CPD Programme Lead.
Dr Kevin Stone has worked within health and social care for over 20 years. During this time he has worked in both voluntary and statutory mental health agencies. He was an Approved Social Worker, converting to become an AMHP when the former role was abolished, working as a mental health team manager and later as an emergency duty team officer. Following this he trained as a BIA. Kevin has remained in practice as an AMHP/BIA working within the former Avon area. Kevin is a Senior Lecturer in Social Work and Researcher at University of the West of England (UWE), Bristol, and AMHP Programme Leader at UWE for the South West Region. He teaches law, social policy and mental health practice to undergraduate and masters students. His research interests relate to the application and impact of mental health legislation in the UK and internationally.
The authors would like to thank Julia Mortimer, Isobel Bainton, Catherine Grey and all at Policy Press for their guidance, patience, understanding and hard work, and also the Gurt Lush Choir for giving the opportunity for the laws of coincidence to work for us to find you.
Thanks to Tammy Richards, Dameon Caddy and Julie Phillips for reading draft chapters and offering expertise and guidance and to Don Jones for sharing his personal experiences. Our gratitude also goes to Jim Bagnall, Susannah Thomson, Fran Lawrence, Sam Baldwin, Jane Buswell, Sharron Price and Gary Underhill for their views and Emma Dmitriev for invaluable legal expertise.
Rachel Hubbard gives personal thanks to Alistair, Austin and Floyd Hubbard for reading, editing, word finding, patience, support and tolerance.
Kevin Stone would like to thank his wife Helen for her understanding while this book was being written, and Rachel Hubbard for her support, motivation and literary abilities in bringing the book to completion.
ADASS
Association of Directors of Adult Social Services
AMCP
Approved Mental Capacity Professional (in Law Commission proposals)
AMHP
Approved Mental Health Professional
BASW
British Association of Social Workers
BBR
British Bill of Rights (proposed replacement for Human Rights Act 1998)
BIA
Best Interests Assessor
BIAx
best interests assessment
BOAT/COT
British Association and College of Occupational Therapists
CCW
Care Council for Wales
CoP
Code of Practice (associated with MCA, DoLS or MHA)
COP
Court of Protection
CPD
continuing professional development
CQC
Care Quality Commission
CRPD
United Nations Convention on the Rights of Persons with Disabilities
CSSIW
Care and Social Services Inspectorate Wales
DH
Department of Health
DoLS
Deprivation of Liberty Safeguards
dol
deprivation of liberty
ECHR
European Convention on Human Rights
ECtHR
European Court of Human Rights
EPA
Enduring Power of Attorney
EU
European Union
HCPC
Health and Care Professions Council
HIW
Healthcare Inspectorate Wales
HRA
Human Rights Act 1998
HSCIC
Health and Social Care Information Centre
IMCA
Independent Mental Capacity Advocate
IMHA
Independent Mental Health Advocate
LPA
Lasting Power of Attorney
LPS
Liberty Protection Safeguards (in Law Commission proposals)
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