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Deprivation of Liberty Safeguards: what determines the judgements of best interests assessors? A factorial survey
- Authors:
- CARPENTER John, et al
- Journal article citation:
- Journal of Social Work, 14(6), 2014, pp.576-593.
- Publisher:
- Sage
Summary: The Deprivation of Liberty Safeguards were introduced in England and Wales to protect the interests of people with learning disabilities, dementia and neurological conditions resident in hospitals and care homes. The Safeguards apply when residents lack capacity to make decisions about their care and treatment in circumstances that may amount to a deprivation of their liberty. Best interests assessors must establish whether a deprivation of liberty has occurred. However, there is no definition in statute; instead, the identification of factors which define a deprivation of liberty is evolving through case law. A factorial survey was used to identify the factors which influenced the professional judgements of 93 best interests assessors (three-quarters social workers) who generated 798 responses to randomly generated vignettes. Findings: Coercive staff behaviour was the strongest statistical predictor of a deprivation of liberty judgement, followed by the resident’s response. Other indicators of staff control, including the use of medication to reduce agitation, restriction of movement and family unhappiness with care were also significant. The resident’s condition, gender/age and the setting were not significant predictors. Best interests assessors were generally confident in their decision making; there were no differences in confidence associated with best interests assessors’ professions. Applications: Reviews of the operation of the Safeguards stress significant complexity in defining a deprivation of liberty. Nevertheless, this study suggests that the factors which best interests assessors take into account are rooted in the fundamental principles of the Safeguards and an informed appreciation of case law. Best interests assessors and local authorities, in their role as supervisory bodies, must keep up to date with developments. (Edited publisher abstract)
Good practice in child protection: a manual for professionals
- Editors:
- OWEN Hilary, PRITCHARD Jacki
- Publisher:
- Jessica Kingsley
- Publication year:
- 1993
- Pagination:
- 240p.,bibliogs.
- Place of publication:
- London
Practical manual for use by all professionals involved in child abuse cases. Includes sections on: the Children Act 1989; recognition of abuse; preventing female genital mutilation; children with disabilities; communicating effectively with children about abuse; promoting inter professional collaboration; child protection conferences; child protection plans; the giving of evidence by victims of child abuse; child protection from the police perspective; and supervision and support of social workers and other professionals working in the child protection field.
The Police and Criminal Evidence Act 1984: the social work role
- Author:
- THOMAS Terry
- Journal article citation:
- Howard Journal of Criminal Justice, 27(4), November 1988, pp.256-265.
- Publisher:
- Wiley
Special focus on police detention and the questioning of juveniles and mentally disordered people and the role of the "appropriate adult".
A guide to interviewing children: essential skills for counsellors, police, lawyers and social workers
- Editors:
- WILSON C. J., POWELL Martine
- Publisher:
- Routledge
- Publication year:
- 2001
- Pagination:
- 163p.,bibliog.
- Place of publication:
- London
Aimed at professionals who may have to interview a child about sexual abuse. Begins by describing children's views of the world and how their perceptions differ from those of an adult. Explains how to plan and prepare for an interview, and different interviewing techniques. Discusses how to communicate with disabled children and those from different cultural backgrounds. Concludes by discussing the aftermath of the interview, and debriefing the child and interviewer.