Our growing Law list includes a range of books to help readers develop their understanding of legal issues; from engaging works on current affairs and topics of public interest to interdisciplinary monographs and international edited collections, such as those in our Law, Society, Policy series.
The titles on this list are high-quality scholarly works that shape readers’ understanding of law and society, with authors shining a spotlight on injustice and presenting compelling proposals for change in policy and practice.
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This chapter explains the qualifying requirements for BIAs, as well as their statutory and professional CPD requirements updated for new professional regulators, and offers suggestions for support and resources to achieve these.
This chapter explains the current understanding of what the replacement for DoLS, the Liberty Protection Safeguards (LPS), will look like. It will set out the LPS as specified in Schedule AA1 of the MCA and the likely guidance for practice from the draft revised MCA Code and LPS implementation documents available for consultation in April 2022. The chapter will also consider the potential future roles for BIAs, whether as frontline health and social work professionals completing necessary and proportionate assessments, as those conducting pre-authorisation checks of LPS assessments or as Approved Mental Capacity Professionals (AMCPs) working with more complex assessments. The chapter will consider the new learning that BIAs will need to ensure that they are ready for whatever the future holds for the role.
This chapter focuses on the detail of how BIA assessments and decisions are recorded, including guidance on how to ensure that recording meets the highest standards of professional practice, requirements of case law and supervisory bodies. It includes areas where BIAs often seek advice, including getting the details right, writing the appropriate amount, recognising when the person is objecting, writing conditions and recommendations, and including other views.
This chapter considers the BIA’s duties, responsibilities and powers, how the role is regarded and the impact of significant case law since its implementation. It explores how assessors can maintain their independence and accountability in the range of contexts in which BIAs work, whether directly for local authorities or as independent practitioners, how to maintain their boundaries from the pressures of expectations in these contexts and the impact of COVID-19 on BIA practice.
The BIA Practice Handbook remains the only textbook that focuses directly on the BIA role within the Deprivation of Liberty Safeguards. It is considered to be the definitive introduction to Best Interests Assessor practice, and is acknowledged to be a valuable resource for both students and practitioners as it contains detailed knowledge and support for ethical decision making in practice. The latest edition has been updated to take into account recent legislative changes, including the Mental Capacity Amendment Act 2019, recent case law, plus the impact of the COVID-19 pandemic on BIA practice.
The BIA Practice Handbook remains the only textbook that focuses directly on the BIA role within the Deprivation of Liberty Safeguards. It is considered to be the definitive introduction to Best Interests Assessor practice, and is acknowledged to be a valuable resource for both students and practitioners as it contains detailed knowledge and support for ethical decision making in practice. The latest edition has been updated to take into account recent legislative changes, including the Mental Capacity Amendment Act 2019, recent case law, plus the impact of the COVID-19 pandemic on BIA practice.
This chapter explores the role of the BIA to act ethically, the challenges of making decisions as a BIA when there are no clear ‘right’ answers, professional responsibilities towards professional practice and ethical models to assist with making difficult and complex decisions.
This chapter enables BIAs to explore the influences and context for their decisions, and offers tools and models to aid reflection and critical thinking with examples of BIA decision making. It also offers theoretical and research contexts for commonly encountered conditions in BIA practice, such as dementia, learning disabilities, autism and acquired brain injury, and explores key challenges such as executive capacity.
This introductory chapter sets out the structure of the book and introduces some of the key ideas and themes, as well as setting out the main legal framework, case law and developments since the implementation of DoLS, including planned reform of human rights law in the UK.
This chapter is structured around the six DoLS assessments and the other decisions that BIAs make during their assessment. It includes updated case law, scenarios and examples to help readers explore these decisions as well as common challenges and dilemmas.
