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The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

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Eligibility to carry out a best interests assessment

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5.—(1) A person is eligible to carry out a best interests assessment(1) 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 2001(2);

(d)an occupational therapist registered in Part 6 of the register maintained under article 5 of the Health Professions Order 2001(3); 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 Society(4).

(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 State(5) 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.

(1)

A best interests assessment is an assessment carried out under paragraph 38 of Schedule A1 to the Act.

(2)

S.I. 2002/253. The register is divided into parts in accordance with articles 2 and 3 of and Schedule 1 to the Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004 (S.I. 2004/1765).

(3)

S.I. 2002/254. The register is divided into parts in accordance with articles 2 and 3 of and Schedule 1 to the Health Professions (Parts of and Entries in the Register) Order in Council 2003 (S.I. 2003/1571).

(4)

The British Psychological Society is at St Andrews House, 48 Princess Road East, Leicester, LE1 7DR.

(5)

Approved courses can be found at http://www.dh.gov.uk/en/SocialCare/Deliveringadultsocialcare/MentalCapacity/MentalCapacityActDeprivationofLibertySafeguards/index.htm.

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