Approaches to Mental Health Theory CPD

1/ The Deprivation of Liberty Safeguards (DOLS) were introduced into the Mental Capacity Act 2005 in April 2009 and imposed statutory requirements on agencies from that date. The provisions were a response to the judgment by the European Court of Human Rights in the HL v UK [2004] case also known as the “Bournewood” Judgement. This judgement required the government to develop Article 5 safeguards for people lacking capacity who are confined in registered care homes and hospitals.

2/ Significant clarity to the concept of a Deprivation of Liberty was given by the Supreme Court in the case of P v Cheshire West and P&Q v Surrey CC [2014].

3/ This course is designed to provide suitably qualified practitioners with the necessary training to undertake the role of Best Interests Assessor. DOLS Best Interest Assessors (BIAs) undertake an independent statutory role on behalf of Supervisory Bodies, ie Local Authorities and (in Wales Local Health Boards). Best Interests Assessments are designed to form a key element of the Deprivation of Liberty Safeguards. In LB of Hillingdon v Neary [2011] judgement, they were referred to as “the cornerstone of protection”.

Who Can Act As A BIA?

In accordance with the Mental Capacity Regulations (2008) 8(1), applicants for this unit will need to be one of the following:

• An AMHP in current practice

• A social worker registered with the HCPC

• 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

• An occupational therapist registered in part 6 of the Register

• A chartered psychologist who is listed in the BPS register of Chartered Psychologists and who holds a practicing certificate issued by that society

And

• Possess a recognised professional qualification

• Have a minimum of 2 years relevant post qualification professional experience

• Current membership of relevant professional body.

Who can act as a BIA?

• An AMHP in current practice
• A social worker registered with the HCPC
• 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
• An occupational therapist registered in part 6 of the Register
• A chartered psychologist who is listed in the BPS register of Chartered Psychologists and who holds a practicing certificate issued by that society

And

• Possess a recognised professional qualification
• Have a minimum of 2 years relevant post qualification professional experience
• Current membership of relevant professional body
• Provide current enhanced CRB clearance
• Provide Evidence of legal indemnity cover

This unit requires students possess sufficient knowledge & skill in:

• The MHA
• The MCA
• The Human Rights Act
• Working with Interpreters
• Anti Discriminatory Practice
• The MCA
• The Human Rights Act
• Working with Interpreters
• Anti Discriminatory Practice 

In this course students are prepared for the DOLS Best Interests Assessor (BIA) role under the Mental Capacity Act 2005.

The course has three key learning objectives:

1. To produce students who can evaluate the effectiveness of the current provision of ECHR Article 5 safeguards (with relevance to DOLS and any forthcoming amendments).

2. To produce students who can demonstrate an applied knowledge of the DOLS assessment processes.

3. To producing students who can record an informed rationale to corroborate their intervention(s) by citing statute, guidance, case-law and research.

Intellectual skills        

IS1       To be able the effectiveness of the current provision of ECHR Article 5 safeguards

IS2       To demonstrate an applied knowledge of the DOLS assessment processes.

Practical skills

PS1      To be able to record an informed rationale to corroborate their intervention(s) by citing statute, guidance, case-law and research.

1/ The teaching will be provided on campus via face-to-face lectures.

2/ Assignment guidance will be provided via face-to-face seminars’ and this will be supplemented with asynchronistic content on the Nearpod platform. Following the end of the timetabled dates, further online sessions will be offered to support students with the assignment. These will include formative learning opportunities.

IS1       To be able the effectiveness of the current provision of ECHR Article 5 safeguards

IS2       To demonstrate an applied knowledge of the DOLS assessment processes.

PS1 - To be able to record an informed rationale to corroborate their intervention(s) by citing statute, guidance, case-law and research.

All students will receive detailed feedback on their assignment submission via Turnitin and have the opportunity for a 1:2:1 tutorial if required.