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Best interests assessor

Definition in secondary legislation

From:

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

Legislation

Eligibility to carry out a best interests assessment
5. (1) A person is eligible to carry out a best interests assessment 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;
(d) an occupational therapist registered in Part 6 of the register maintained under article 5 of the Health Professions Order 2001; 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.

(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.

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