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Assessment of Competencies. 2024 The Learning Outcomes

An applied knowledge of the Mental Capacity Act 2005 and related Code of Practice The ability to keep appropriate records and to provide clear and reasoned reports in accordance with legal requirements and good practice The skills necessary to obtain, evaluate and analyse complex evidence and differing views and to weigh them appropriately in decision making. An applied knowledge of the Mental Health Act 2007 and the related Code of Practice. A working knowledge of the MCA DOLS (Mental Capacity Act Deprivation of Liberty Safeguards) and the related Code of Practice.

Assessment Task One

The Written test, to be taken on day five will cover the knowledge of the law and codes of practice. This written test will involve Multi-choice and short answer questions and will last 50 minutes. An example of a typical multi choice test question follows. Question. In Hl v UK the European court ruled that there had been a breach of:

A.Article 8.1 Respect for private and family life

1. Article 14 Prohibition of discrimination

C Article 5.4 Right to speedy review of detention

1. Article 6 Right to a fair trial

The ability to keep appropriate records and provide reasoned reports, and the skills of evaluating and analysing complex evidence will be assessed by means of a portfolio which will include a single case study and a piece of reflective writing as follows.

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Assessment Task Two

Case study. Option A ( preferred)

You need to write up to 2500 words (maximum) on a case scenario. You are required to shadow a Best Interests Assessor for a period of time that is sufficient to witness at least one DOLS Best Interests Assessment. You should then use this experience to write an account of the case. We also require you to write up this assessment (anonymised) on an ADASS form 3 to enable you to demonstrate your competence in recording accurate and appropriate information. This form needs to be submitted as an appendix to your 2 500 word case study. Please ensure that you are party to any consultations that the BIA undertakes both before and after the shadowing to enable you to complete this part of the task. If you cannot be there in person, please arrange a time to speak to the BIA to find out about the conversations he/she has had. NB the completed form 3 is not included in the word count.

You should:

Describe the processes that were followed in order to complete the necessary assessments and comply with the Deprivation of Liberty Safeguards Regulations. This should include the assessments completed by the assessor that you shadowed and any other assessments completed by others (e.g. a mental health assessor). Describe and analyse any difficulties encountered and any areas in which there disagreements, uncertainties or divergence from the code of practice. Include full information about the people who were consulted, their roles, the information required from each, and the timescales involved. This must include the role of representatives ( RPRs and IMCAs) Refer to each of the six assessments and state who undertook each assessment and why. Refer to the legislation, codes of practice and case law to support your answer, in particular we are looking for the application of the ‘acid test’ , the 5 main principles of the MCA, the section 4 checklist and the relevant paragraphs from the DOLS code of practice. Ensure that you reference your sources accurately, using the standard Harvard system.

Option B (if shadowing not possible)

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Case study Task. You need to write up to 2500 words (maximum) on the case scenario given –.( see Blackboard for details) As with the shadowing option you will also need to complete a form 3 for this task and complete the necessary sections based on the information you have.

Assuming that you have been involved as a best interests assessor as far as possible you should: 1. Describe the processes that would be followed in order to complete the necessary assessments and comply with the Deprivation of Liberty Safeguards Regulations. This should include the assessments completed by yourself as a best interests assessor and any other assessments completed by others (e.g. a mental health assessor). 2. Describe and analyse any likely difficulties and any areas in which there are likely to be disagreements, uncertainties or divergence from the code of practice. 3. Include full information about the people who would be consulted, the information required from each, and the timescales involved. A. Refer to each of the six assessments and state who undertakes each assessment and why. B. Refer to the legislation, codes of practice, and case law to support your answer. C Ensure that you reference your sources accurately, using the standard Harvard system. You may wish to briefly state at the outset the context and details of the case study to assist the person assessing your work. However, the main focus of your written work should be an account of, and analysis of the process. The word count will exclude information which you write on these forms, and any summary of the case scenario. Please note: if you anticipate any difficulties with completing the shadowing requirement please speak to the course leader as soon as possible.

Assessment Task Three. Critical Reflective Piece. Write up to 1500 words (maximum), reflecting on the possible strengths and weaknesses of the deprivation of liberty safeguards, relating them and making specific reference to relevant experience from your own workplace. Note that this complements the work in the case study, and this critical reflective piece should focus more on the broader application to practice, rather than on a single case.

* Note that as of April 2023 planned reforms and the introduction of the new liberty protection safegurds have been postponed “beyond the life of the current parlia-ment”. You may wish to make reference to these plans but we have removed the requirement for this since the reforms as planned may well never the see the light of day

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Assessment Criteria Case Study Criteria

1. Demonstrates the ability to keep appropriate records and to provide logical, reasoned arguments to support decisions and recommended courses of action
2. Demonstrates the skills of evaluating and analysing complex evidence
3. Demonstrates accurate applied knowledge of the legislation and codes of practice relating to mental capacity and to deprivation of liberty safeguards.
4. Overall coherence of the completed task
5. Demonstrates the ability to use and accurately reference relevant source material.

Assessment Criteria: Critical Reflection

4. Demonstrates the ability to critically analyse the strengths and weaknesses of the deprivation of liberty safeguards regulations and code of practice
5. Demonstrates the ability to learn from experience within own work/service setting.
6. Demonstrates the ability to write clearly and concisely.
7. Please ensure that you maintain confidentiality in your portfolio. To assist this – Avoid mentioning the name of your agency – Check all documents to ensure anonymity before copying and use the copies in your portfolio. – If you have used correction fluids to cover any details, such documents should always be re- copied before submission – Avoid using any real names or addresses. Age will be relevant but avoid dates of birth Academic work at Masters level should show good scholarship. This means that you should use source materials appropriately and accurately and reference them using academic methods. You will be given detailed guidance to the Harvard reference system should you require it

By admin in Essays on January 16, 2025