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bia panic

(11 Posts)
guffaw Mon 21-Jan-13 16:21:28

hi, I'm trying to write an assignment on best interest assessment under deprivation of liberty safeguards, and I just cant get started can anyone help?

hatgirl Mon 21-Jan-13 18:38:51

for what purpose are you writing it? How many words? whats the assignment question? What about starting by discussing where the legislation comes from.

guffaw Mon 21-Jan-13 18:53:04

its a case study, the question is 'explain how you would approach this (case study)as bia - answer should include critical evaluation of hte relevant legal issues'

hatgirl Mon 21-Jan-13 19:15:08

well I guess you have to start looking at best interests assessments which come under the mental capacity act - why is the decision being made at this time, who has been consulted about the decision, is the action you are planning to take the least restrictive course of action? If it constitutes a deprivation of liberty why is this deprivation of liberty required? Is it a restraint or a restriction? Without a bit more specific info its a bit difficult to point you in the right direction.

guffaw Mon 21-Jan-13 19:22:42


the problem I'm having is the case study gives really basic info - I just cant get the start going, I think I'll be ok once I get into the process.

guffaw Mon 21-Jan-13 19:23:37

got to go out to see to an elderly friend, will log on leter

thanks for your help so far

hatgirl Mon 21-Jan-13 22:23:52

I can probably help you more if I know why you are writing this assignment so I know what kind of level of detail/ analysis you want to go into. For example is it for college/ university/ work? If the case study is basic could you give a brief synopsis?

guffaw Mon 21-Jan-13 23:02:48

its for uni, 3000 words, young alcoholic with recent acquired brain injury, wanting to leave hospital ward, family not involved, has had involveent with social services in the past

hatgirl Mon 21-Jan-13 23:20:44

oooh interesting

first of all you would establish under the MCA whether of not the YP has capacity to make the decision about leaving the ward in a variety of circumstances. e.g do they understand that they may leave for short periods of time but must return, or do they just want to leave and just don't understand that this may be detrimental to their health? (the case study won't necessarily tell you this but these are questions you could pose in your essay). Does their capacity fluctuate - for example if they have been drinking. You would be looking at best practice in that respect of ensuring that you had given them every possible opportunity to make a a capacious decision.

A person would meet the first criteria of requiring a mental capacity assessment under the MCA as they have 'a disturbance of the brain or mind'.

If a person has capacity to understand their choices/ make risks then they cannot be detained against their will under the MCA but they could still be detained under the MHA if it is felt that they have a mental illness.

If a person lacks capacity then a best interests meeting must be held (guidance again in the MCA) to determine what the best course of action would be to keep the person safe, in line with any previous wishes. Views of family and friends would ordinarily be sought but in this situation where the YP is not 'befriended' then an Independent Mental Capacity Advocate (IMCA) would be commissioned.

If the BIA is that the person should remain on the ward then the DOLs application gives the legal go ahead as it were for the doors to be locked to the ward so that the person cannot get out, or for other restrictions to be put in place for example a care worker distracting them from wanting to leave.

The government guidance is pretty good on this subject (ink to the MCA guidance here)

I've given you a pretty brief summary of the basics there - you may know all of this already! If thats the case and you were needing something a bit more in depth let me know.

Is it a Social Work degree you are doing or something else?

guffaw Mon 21-Jan-13 23:47:59

thanks hatgirl, you seem to have a good hold on this, really appreciate you taking time to help. course is best interest assessor training - I'm just struggling with it for some reason

hatgirl Tue 22-Jan-13 00:04:39

have you tried the community care forums?

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