PART 2Eligibility to carry out assessments

Eligibility – general3

1

In addition to any requirement in regulations 4 to 9, a person is eligible to carry out an assessment where paragraphs (2) to (4) are met.

2

The person must—

a

be insured in respect of any liabilities that might arise in connection with carrying out the assessment; and

b

satisfy the supervisory body5 that he or she has such insurance.

3

The supervisory body must be satisfied that the person has the skills and experience appropriate to the assessment to be carried out which must include, but are not limited to, the following—

a

an applied knowledge of the Mental Capacity Act 2005 and related Code of Practice6; and

b

the ability to keep appropriate records and to provide clear and reasoned reports in accordance with legal requirements and good practice.

4

The supervisory body must be satisfied that there is in respect of the person—

a

an enhanced criminal record certificate issued under section 113B of the Police Act 19977 (enhanced criminal record certificates); or

b

if the purpose for which the certificate is required is not one prescribed under subsection (2) of that section, a criminal record certificate issued pursuant to section 113A of that Act8 (criminal record certificates).

Eligibility to carry out a mental health assessment4

1

A person is eligible to carry out a mental health assessment9 if paragraphs (2) and (3) are met.

2

The person must be—

a

approved under section 12 of the Mental Health Act 198310; or

b

a registered medical practitioner who the supervisory body is satisfied has at least three years post registration experience in the diagnosis or treatment of mental disorder.

3

The supervisory body must be satisfied that the person has successfully completed the Deprivation of Liberty Safeguards Mental Health Assessors training programme made available by the Royal College of Psychiatrists11.

4

Except in the 12 month period beginning with the date the person has successfully completed the programme referred to in paragraph (3), the supervisory body must be satisfied that the person has, in the 12 months prior to selection, completed further training relevant to their role as a mental health assessor.

Eligibility to carry out a best interests assessment5

1

A person is eligible to carry out a best interests assessment12 if paragraphs (2) and (3) are met.

2

The person must be one of the following—

a

an approved mental health professional;

b

a social worker registered with the General Social Care Council;

c

a first level nurse, registered in Sub-Part 1 of the Nurses’ Part of the Register maintained under article 5 of the Nursing and Midwifery Order 200113;

d

an occupational therapist registered in Part 6 of the register maintained under article 5 of the Health Professions Order 200114; or

e

a chartered psychologist who is listed in the British Psychological Society’s Register of Chartered Psychologists and who holds a relevant practising certificate issued by that Society15.

3

The supervisory body must be satisfied that the person—

a

is not suspended from the register or list relevant to the person’s profession mentioned in paragraph (2);

b

has at least two years post registration experience in one of the professions mentioned in paragraph (2);

c

has successfully completed training that has been approved by the Secretary of State16 to be a best interests assessor;

d

except in the 12 month period beginning with the date the person has successfully completed the training referred to in sub-paragraph (c), the supervisory body must be satisfied that the person has, in the 12 months prior to selection, completed further training relevant to their role as a best interests assessor; and

e

has the skills necessary to obtain, evaluate and analyse complex evidence and differing views and to weigh them appropriately in decision making.

Eligibility to carry out a mental capacity assessment6

A person is eligible to carry out a mental capacity assessment17 if that person is eligible to carry out—

a

a mental health assessment; or

b

a best interests assessment.

Eligibility to carry out an eligibility assessment7

A person is eligible to carry out an eligibility assessment18 if that person is—

a

approved under section 12 of the Mental Health Act 1983 and is eligible to carry out a mental health assessment; or

b

an approved mental health professional and is eligible to carry out a best interests assessment.

Eligibility to carry out an age assessment8

A person is eligible to carry out an age assessment19 if that person is eligible to carry out a best interests assessment.

Eligibility to carry out a no refusals assessment9

A person is eligible to carry out a no refusals assessment20 if that person is eligible to carry out a best interests assessment.