First published in Great Britain in 2018 by
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Policy Press 2018
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ISBN 978-1-4473-3555-9 paperback
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ISBN 978-1-4473-3556-6 ePub
ISBN 978-1-4473-3557-3 Mobi
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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) |