Posted: November 18th, 2022

Introduction
A Best Interests Assessor (BIA) is a caregiver who is typically knowledgeable and experienced in the field of social and health care. Their job is to investigate and explore people’s lives while caring for them. Furthermore, they provide an honest assessment of the nature of their care. They typically play an independent, but critical, observer role, providing an invaluable source of insight into desires that could improve an individual’s ability to make critical decisions about their own life. Because of their independence, BIAs are frequently required to scrutinize, observe, and provide novel perspectives on a known situation. They will usually gather evidence through document analysis, while consulting with other professionals or individuals who may be opposed to a particular case, and scrutinizing any evidence that they find in order to find meaning in it and ultimately offer an alternate solution (Hubbard & Stone, 2018, p.1).
The Predicament
The scenario involves a 63-year-old gentleman who was diagnosed with vascular dementia five years ago and was eventually transferred to a home care center. Prior to moving to home care, the gentleman lived alone in his own home and had a health care package. However, due to his deteriorating health, his health care package was no longer as effective as it once was. He felt especially unsafe for the most part as a result of his condition, and he and his family asked for help and for him to be placed in a home care setting. The gentleman is also known to suffer from a number of chronic and acute medical conditions, including tonic, clonic, and absence seizures. As a result of these complications, he has become unable to weight bear over time and must now be hoisted for every necessary transfer. There’s also the issue of his deteriorating mental faculties, which have hampered his ability to comprehend and absorb information over the course of his illness. This is the situation that allows for the necessary assessments to be carried out in order to provide him with a package of care that complies with the Deprivation of Liberty Safeguards Regulations for home care.
Processes Involved
Certain procedures were followed in order to complete the necessary assessments and comply with the Deprivation of Liberty Safeguards Regulations. These included six assessments, which, while considered time consuming by some, should only be undertaken when there is a reasonable expectation that all of the requirements will be met eventually. Nonetheless, the supervisory body has the authority to decide which assessments will be conducted. Age assessment, no refusals assessment, mental capacity assessment, mental health assessment, eligibility assessment, and best interests assessment are among the six assessments. The first assessment is the age assessment, and its purpose is to confirm the relevant person’s age and ensure that they are over the age of eighteen. The reason for this is that the deprivation of liberty safeguards only apply to adults over the age of eighteen, implying that anyone under this age bracket will usually face a different safeguard process. For the most part, determining age is simple, but in the event of doubt, it can be established through the presentation of a valid birth certificate or the use of any other acceptable and verifiable evidence (Ministry of Justice, 2008, p.44).
The determination of the no refusals assessment will be the second process. What makes it good or valid is that the relevant person will usually meet this requirement unless there is a refusal in accordance with Schedule A1 of the Mental Capacity Act of 2005. As a result, the refusal assessment will be completed when the relevant individual has made an advance decision, if that decision is valid, and if the advance decision is still applicable to a portion or the entirety of the relevant prescribed treatment. Part of the schedule states that an assessment of refusal would suffice if it would conflict with a legitimate decision made for the relevant individual to be considered within the relevant care home or hospital for the purpose of receiving the entire relevant treatment or care in part or in full (Culverhouse & Amin, 2010).
Following the mental capacity assessment process, it is critical that the assessor understands what is being assessed and whether or not the patient requires appropriate accommodation within a specific care home or medical facility for the primary purpose of having access to specific medical attention. As a result, the assessor must be clear that this assessment is separate from the patient’s ability to be in contact with those close to him; in that they have the mental capacity to decipher the kind of relations they would like to associate the same with, but lack the capacity to consent to whether or not accommodation would be within a hospital or home care environment. According to Section 4.29 of the DoLS code, this assessment is specific to the relevant individual’s mental capacity to make an independent decision at the time it should be made (Brown, Barber, & Martin, 2015).
According to the Mental Health Act of 1983, the process of mental health assessment is intended to determine whether or not the relevant individual has any mental disorder. This disorder does not include any drug or alcohol dependency, but it does include any available learning disability as a result of mental health. The mental health assessment, which is sometimes confused with the mental capacity assessment, is intended to determine whether the afflicted individual has been medically diagnosed as having a ‘unsound mind’ within the confines of Article 5 of the European Convention on Human Rights (Williams & Jones, 2009).
The process of the eligibility assessment component entails the assessor determining the factors that would render the individual ineligible for the DoLS. The DoLS includes a mechanism for protecting a person’s rights within certain parameters. As a result, it cannot be used as a process of eligibility if the person refuses to be admitted to a hospital or to be given drugs to treat their mental disorder. There are also certain sections of the Mental Health Act that must be met (Shah, et al., 2011). Finally, the best interests assessment process that will be used investigates whether the DoLS is occurring and ensures that it is in the individual’s best interests to keep them safe from anything that may harm them. The best interests assessment also ensures that a reasonable response is in place in the event of an adverse event to the individual (Buckton, 2022).
Difficulties Suffered
During the process, difficulties arose that required intervention. The client was clearly unable to make rational decisions about their residence and treatment. It was established at the outset and upon arrival at the medical facility that the client had initially had no contact with his immediate family or caregiver, with the latter initially being temporarily barred from seeing the patient. According to the code of practice, it was to be established that the client’s liberty was actually being deprived and that the initial detention of the individual occurred outside of the law’s confines, thereby violating the European Convention of Human Rights within Articles 5(4) and 5(5). (1).

• Describe and analyze any difficulties encountered, as well as any areas where disagreements, uncertainties, or deviations from the code of practice exist.

• Provide detailed information about the people who were consulted, their roles, the information needed from each, and the timelines involved. This must include representatives’ roles ( RPRs and IMCAs).

• Refer to each of the six assessments and explain who performed each one and why.

• Refer to legislation, codes of practice, and case law to support your answer; in particular, we are looking for the application of the “acid test,” the MCA’s 5 main principles, the section 4 checklist, and relevant paragraphs from the DOLS code of practice.
References
R.A. Brown, P. Barber, and D. Martin. The Mental Capacity Act of 2005: A Practice Guide. SAGE Publishing Ltd.
W. Buckton, 2022. ‘It just fundamentally reflects the best of social work,’ says one social worker: Best Interests Assessor Practice Understandings and Experience. The British Journal of Social Work is a peer-reviewed journal.
M. Culverhouse and Y. Amin, 2010. Assessment and authorization of deprivation of liberty safeguards 6(5), pp.241-243 in British Journal of Neuroscience Nursing.
R. Hubbard and K. Stone. 2018. Best Interests Assessor Practice Manual Ministry of Justice, Policy Press. 2008. Deprivation of Liberty Safeguards: Mental Capacity Act 2005 Code of Practice to Supplement the Main Mental Capacity Act 2005 Code of Practice The Stationery Department.
A. Shah, M. Pennington, C. Heginbotham, and C. Donaldson, 2011. Implementation costs of deprivation of liberty safeguards in England 199(3), pp.232-238 in the British Journal of Psychiatry.
Williams, B., and S. Jones, 2009. Part 6-Deprivation of Liberty Safeguards in the Mental Health Act Guide (DoLS). 29(3), p.6. Mental Health Nursing (Online).

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