IMCA and paid relevant person's representative roles in the Mental Capacity Act Deprivation of Liberty Safeguards
Appendix B: Template report for the best interests assessment
This guidance says that it is good practice for IMCAs and paid representatives to provide reports to the best interests assessor, before the assessor completes the best interests assessment. The assessment may be undertaken as part of the application process for a standard authorisation, for a review, or in the case of a potential unlawful deprivation of liberty. As such not all parts below will be relevant.
This report (or an amended version) could be submitted to the supervisory body where a standard authorisation is to be granted.
- Person’s details
- Reason for best interests assessment: request for standard authorisation, review, potential unlawful deprivation of liberty
- Role of person completing this report: 39A IMCA/ 39C IMCA / 39D IMCA, paid representative
- Other advocate roles currently performed in relation to this client
- Item 4 may include other IMCA roles, Independent Mental Health Advocate or non-statutory advocacy.
- Main actions undertaken to inform this report.
- Item 5 should include any contact with the person, visits to services, contact with others and records accessed.
- Regarding whether the proposed restrictions amount to a deprivation of liberty
- Regarding whether the restrictions are in the person’s best interests
Item 7 may cover:
- whether this is necessary in order to prevent harm to the person
- whether this is a proportionate response given the likelihood that the person will otherwise suffer harm and the seriousness of that harm
- consideration of other options.
- Regarding conditions.
- Regarding the choice of the person’s representative.
- Regarding the duration of the authorisation.
- Consideration should also be made to the following:
Signed and dated
The assessor is required to take this report into account in accordance with Schedule A1, Section 132 of the amended MCA, 2005.