Best Interests Assessor (BIA) education and training standards guidance
July 2024
This guidance is to help education and training providers to meet Social Work England’s education and training standards for best interests assessor (BIA) courses (the ‘BIA course standards’).
Best Interests Assessor (BIA) education and training standards guidance
Published: 10 July 2024
- About this guidance
- Terms and definitions
- Standard 1: Admissions
- Standard 2: Course governance, management and quality
- Standard 3: Observation opportunities
- Standard 4: Curriculum and assessment
- Standard 5: Supporting students
About this guidance
This guidance is to help education and training providers to meet Social Work England’s education and training standards for best interests assessor (BIA) courses (the ‘BIA course standards’). These are the standards against which we will assess and approve BIA courses. They apply to all BIA qualifying courses in England. The aim is to ensure that students who successfully complete a BIA course can meet the requirements set out in the Mental Capacity Act 2005, Schedule A1 and 1A, the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 and the 6 BIA capabilities as described in the Annex 1 to the Standards.
Who is this guidance for?
This guidance is for education providers who are delivering approved BIA courses in England, or who are preparing to apply to us for approval of a new BIA course. It is also useful for employers, practitioners and others who work with and alongside BIA education providers in England.
What does this guidance include?
This guidance includes (all of the following):
- information about the purpose of each standard
- further explanations and definitions of each standard
- suggestions about how you could show that you meet the standard (in some cases)
We have not included detailed requirements about what you must do to meet the standards. This is because we want to encourage education and training providers to develop new courses, and providers of existing courses to structure or deliver them in different or innovative ways. We will assess and monitor (all of the following):
- how you have achieved the required outcomes
- the policies and processes you have in place
- how you implement, review and evaluate them
Language
Throughout this guidance:
- ‘we’, ‘us’ and ‘our’ refers to Social Work England
- ‘you’ refers to the education and training provider (including those involved in leading or managing the course)
- ‘student’ means anyone learning, studying or training on a BIA course (we acknowledge that course providers may refer to BIA students as ‘BIA trainees’)
- ‘educator’ means an individual who is involved in teaching, assessing or aiding learning. This can include people who are permanently employed and others who help to deliver the course such as sessional and visiting lecturers, people with lived experience involved in teaching and learning, and assessors
- ‘staff’ means anyone involved in delivering the course. This could include educators and people involved in other areas, such as managing or administering the course
- the terms ‘employers’ and ‘partner organisations’ are used interchangeably (but we acknowledge that they may be separate organisations)
We have used the terms ‘people with lived experience of mental health services’, ‘people with lived experience of social work’ or ‘people with lived experience’ and have also used the term ‘carer’. We understand that people may identify into more than one of these groups.
Many statements in this document use words such as ‘may’ or ‘could’. This is because the guidance is not meant to set additional requirements to those set out in the standards. We use words such as ‘may’ or ‘could’ in the guidance to indicate something which is recommended but not an absolute requirement, or in areas where we would expect you to consider how you meet the standards.
Some of the content of this guidance is drawn from, based on, or replicates content from other guidance we have published in relation to our qualifying social work education and training standards 2021.
Cross-national border issues in relation to practice in Wales
This guidance is focused on ensuring that students who successfully complete a BIA course can meet the requirements to practice as a BIA, as set out in The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008. However, we are aware that there may be circumstances where course providers enrol students who ordinarily employed in Wales, or who may be dually registered with Social Work England and Social Care Wales.
Under these circumstances, we expect course providers to give due regard to Welsh legal frameworks and language requirements. For example, The Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009, which applies to BIAs practicing in Wales.
Terms and definitions
Mental Capacity Act 2005, Schedule A1 and 1A
Schedule A1 and 1A of the Mental Capacity Act 2005 contain the Deprivation of Liberty Safeguards. The Deprivation of Liberty Safeguards were introduced on 1 April 2009, by an amendment to the Mental Capacity Act 2005, granting powers to deprive hospital and care home residents of their liberty.
Relevant qualified professional
Any of the professionals listed:
- Social workers registered with Social Work England
- First level nurses, registered in Sub-Part 1 of the Nurses’ Part of the Register maintained under article 5 of the Nursing and Midwifery Order 2001
- Occupational therapists registered in Part 6 of the register maintained under article 5 of the Health and Social Work Professions Order 2001
- Chartered psychologists listed in the British Psychological Society’s Register of Chartered Psychologists and who hold a practising certificate issued by that Society
Best Interests Assessor Capabilities
As described in the Annex 1 to the Standards.
Self-funding applicant
Applicants who are not supported by their employer or a partner organisation, who may apply independently to a BIA course.
Partner organisation
This can be employers, such as local authorities or NHS Trusts, or providers of observation opportunities.
Relevant legislation
This includes the Mental Capacity Act 2005 and the Human Rights Act 1998.
Stakeholders
People with lived experience, employers, practitioners and students
Standard 1: Admissions
It is important to ensure that BIA courses recruit professional learners. They should have the capability and potential to meet all the relevant requirements that will apply to their practice once they have completed the course and are qualified as a BIA.
Standard 1.1: Confirm that applicants have:
i. the potential to develop the knowledge and skills necessary to meet the 6 BIA capabilities set out in Annex 1 of these standards
ii. the potential to meet the eligibility criteria for the role set out in the relevant legislation governing BIA practice
iii. the capability to use information and communication technology (ICT) methods and techniques to achieve course outcomes
Your admissions process should assess an applicant’s capability and potential to develop the knowledge and skills necessary to become a BIA regardless of their professional background.
We expect BIA course providers to engage effectively with employers and partner organisations to ensure that admissions requirements are mutually understood, implemented and considered throughout the selection process. The admissions process could include (any or all of the following):
- written exercises, such as personal statements or essays
- interview with a selection panel
- presentations
- observed group discussion
Any of the above elements or stages of the application process, if completed online, could go towards demonstrating that applicants have the capability to use ICT.
You must be able to demonstrate how applicants are consistently assessed against their potential to meet the relevant capabilities. Interview panels must ensure that individual professional backgrounds are not unfairly disadvantaged.
Applicants should normally hold two years’ post-qualifying experience and working knowledge of the Mental Capacity Act 2005, the Mental Capacity Act Code of Practice and the Human Rights Act 1998. Where an applicant does not have two years’ post-qualifying experience you must be able to demonstrate when, and why, exceptions may be made.
Standard 1.2: Confirm that applicants are and remain fully registered with a relevant regulatory body in line with the relevant regulations
You can confirm that applicants are (and remain) fully registered with a relevant regulatory body at an earlier stage of the selection process or at the point of enrolment.
If a partner organisation carries out this earlier stage, you must confirm that this has been done before the student completes the enrolment process. The provision of a student’s professional registration number, the name of their regulatory body, and written confirmation that their registration has been checked, would be acceptable. You must carry out these checks yourself where this is not applicable (for example, for self-funding applicants).
You should inform students that they must tell you immediately if their registration status changes for any reason, or if they are subject to any investigation or action by any professional regulator or employer. You should ensure that students are reminded of these responsibilities throughout their training.
You should ensure that you are able to apply this standard regardless of the student’s profession, and in cases where a student is registered with more than one professional regulator.
Standard 1.3: Confirm that applicants have, and can demonstrate, suitable prior experience of the practical application of appropriate legislation and policy, specifically including but not limited to mental capacity, mental health and human rights legislation, and demonstrable experience of understanding risk in relation to these
The admissions process should include consideration of applicants’ prior relevant experience and you should be able to demonstrate how this forms part of the decision-making in relation to admissions.
This may be considered and assessed by a partner organisation, or by you in your own selection processes before an applicant applies for a course. In either case, you should be able to demonstrate how you have confirmed the robustness of this assessment. This should be through engagement with employers or partner organisations, or through your own quality assurance activity.
You should be able to demonstrate assurance that the application process explores an applicant’s skills in record-keeping, report-writing and assessing and managing risk.
Applicants should be able to demonstrate that their prior experience has helped them to develop relevant knowledge and skills, specifically including direct experience within the field of the Mental Capacity Act 2005, including practical application of the legislation, which will support them to work towards meeting the BIA capabilities by completion of the course.
You must demonstrate how you ensure that you fairly and consistently assess applicants’ experience, regardless of their professional background.
Standard 1.4: Confirm that applicants have a robust level of legal literacy in appropriate legislative and policy areas
The design of admissions processes should allow all applicants to demonstrate their capacity to develop the required legal literacy for a practising BIA.
Applicants must have a working knowledge of the Mental Capacity Act 2005 and the Mental Capacity Act Code of Practice, and an understanding of the Human Rights Act 1998 and the Mental Health Act 1983, as amended.
Applicants should be able to demonstrate an ability to interpret, reflect on and understand the impact of changes arising from case law, as well as developments in legislation and policy. This could be through detailing their prior experience or as an assessed task, such as an interview or written piece, during the admissions process.
You must be able to show how you are assured that the applicant’s prior experience of applying relevant legislation is considered and assessed as part of the overall admissions process.
Standard 1.5: Ensure that employers, providers of observation opportunities, people with lived experience, and carers are involved in admissions processes
Stakeholders from diverse backgrounds should be involved in your admissions processes, including people with lived experience of social work and/or mental health services.
We fully recognise practical, resourcing and other limitations that apply particularly to BIA courses, but we expect course providers to ensure this kind of involvement.
Stakeholder involvement could include participation in interviews or assessments as well as input into the design of admissions processes. You should advance this through partnership working and engagement with partner organisations.
Standard 1.6: Ensure that the admissions processes include assessment of the suitability of applicants, including in relation to their conduct, health and character. This includes appropriate criminal conviction checks
In this standard, ‘suitability’ refers to fitness to practise, more detail on which is given in Social Work England’s fitness to practise guidance, the Health and Care Professions Council’s fitness to practise guidance, and the Nursing & Midwifery Council’s fitness to practise guidance. You should have regard to this guidance when you assess the suitability of applicants.
In any engagement with partner organisations, you should ensure that there is scope in the admissions process for appropriate suitability checks to be carried out and recorded. This should include assessing whether an applicant’s conduct, character and health are suitable for them to train as a BIA.
You must conduct the necessary suitability checks where (either of the following):
- it is not possible or practical for the checks to be integrated at a stage conducted by a partner organisation
- there is no such stage
If a student already holds an enhanced level Disclosure and Barring Service (DBS) check with their employer, and this check is deemed satisfactory, then you may not need to carry out an additional DBS check during the admissions process. You must, however, be able to demonstrate that you have a robust and documented process for ensuring that such a DBS check exists, that it is valid, and that it meets your requirements.
You should not require students to disclose short or long-term physical or mental health conditions automatically. However, you should set a clear expectation for students that they are responsible for promptly declaring anything that may impact their ongoing fitness to practise to their training lead and/or directly to you as the course provider.
Standard 1.7: Ensure that there are equality, diversity and inclusion policies in relation to applicants and that they are implemented and monitored
Admissions processes should be accessible and take account of different needs. You should have systems in place for responding to enquiries about equality, diversity and inclusion from applicants and partner organisations.
The admissions process should provide students with the opportunity to request any reasonable adjustments they require for the admissions process itself. Where stages of the selection process are carried out by partner organisations, you should ensure that partners are aware of the need to provide reasonable adjustments to applicants. Where reasonable adjustments have been provided, it may be appropriate for partner organisations to share this information with you, with the applicant’s consent.
You should have processes in place to gather and analyse equality, diversity and inclusion data in relation to admissions to the BIA course. You should collaborate with employer partners in responding to any equality, diversity, inclusion concerns identified within this data.
Standard 1.8: Ensure that the admissions process gives applicants the information they require to make an informed choice about whether to take up a place. This will include information about the award level and professional qualification, course content, teaching modes, location of study, assessment methods, duration, and observation requirements including the expectations around arranging or securing observation opportunities
You should make sure that applicants are provided with information covering the points set out in the standard. This should happen before candidates accept or confirm their enrolment on the course.
You should make applicants aware of your expectations around observation opportunities, such as number, duration and confirmation of securing these opportunities ahead of enrolment onto the course.
The information you should ensure is available to students should include (but is not limited to):
- the costs of the course, including other associated costs where relevant, and any options for funding
- the structure, content and delivery of the course, and the methods of assessment
- the role of Social Work England in relation to the regulation of the BIA role, and professional regulation
- the pathway from gaining an approved BIA qualification to being employed as a BIA
Standard 2: Course governance, management and quality
BIA courses must be governed, resourced and managed using effective and transparent processes in collaboration with employers and people with lived experience of mental health services. There must be processes to monitor and manage the quality and delivery of courses.
Standard 2.1: Ensure courses are supported by a management and governance plan that includes the roles, responsibilities and lines of accountability of individuals and governing groups in the delivering, resourcing and managing the quality of the course
You must demonstrate that you manage courses effectively and that responsibility for each aspect of the course is clear, by (all of the following):
- demonstrating that there are effective processes to ensure the resourcing and quality management of the course
- having a management and governance structure which sets out clear roles and responsibilities for both individuals and groups
It is important that your course is led by people with relevant and current experience of BIA practice. Course leaders should be a relevant qualified professional, ideally a qualified BIA, with appropriate experience and proximity to BIA practice.
We recognise that there may be circumstances where it is possible and appropriate for a course to be led by someone who is not a qualified BIA or relevant qualified professional. If this is the case, you must be able to show how you make sure they are appropriate for the role and have access to the necessary information and resources about BIA practice. For example, your course leader could have access to a network of BIA professionals.
In all circumstances, you must be able to demonstrate how you keep the course up to date. You must also be able to demonstrate that leaders are appropriately experienced, qualified and equipped to be accountable for its delivery, resourcing and quality management.
Standard 2.2: Ensure that effective monitoring, evaluation and improvement systems are in place, and that these involve employers, people with relevant lived experience including carers, and students
It is important that you can show how you monitor and evaluate your course’s quality and effectiveness and the systems that are in place to support this. This includes processes which allow you to continuously gather information on quality and effectiveness, as well as to respond to any identified risks, challenges or changes.
You must ensure that students have the opportunity to provide feedback about the course. This feedback should be analysed, shared with partner organisations and others involved in commissioning places on the course, and used to inform the management and development of the course.
The processes you use may include (any or all of the following):
- carrying out internal and external quality audits, monitoring and evaluation, including of observation opportunities
- regularly carrying out critical reviews of your course
- regularly collecting and analysing feedback from students, educators and people with lived experience involved in the course
- analysing complaints or concerns from students, educators or others about the course
You should include all stakeholders, including people with lived experience in your processes for the enhancement and improvement of your course.
This could include, but is not limited to:
- obtaining the views of stakeholders who have been involved in your course
- involving stakeholders in module or course reviews, or when developing new modules or courses
Standard 2.3: Ensure that admissions are aligned to a clear strategy, which includes consideration of:
i. wherever appropriate, local and regional capacity for observation opportunities; and
ii. the availability of part-time or other flexible course arrangements to widen access wherever possible
When considering the number of students you admit on to the course, you must take account of the resources and relationships required to run an effective and sustainable course. Resourcing considerations should consider (all of the following):
- the number of staff required
- partnership arrangements with employers
- a strategy for ensuring students have observation opportunities
You may wish to discuss local and regional capacity for observation opportunities through your engagement with employers and partner organisations. You should consider evaluating feedback on the flexibility and accessibility of your course from employers and students. This is to ensure it remains accessible for applicants from a diverse range of backgrounds across the relevant professions.
Standard 2.4: Ensure that the person with overall professional responsibility for the course is a relevant qualified professional (social worker, occupational therapist, psychologist or nurse) with appropriate experience of BIA practice
You should appoint a relevant qualified professional, ideally a qualified BIA, with appropriate experience and proximity to BIA practice to your management team. This person will take overall professional responsibility for the course and be involved in the development and delivery of the curriculum.
For established courses, we recognise that proximity to BIA practice may be evidenced through activities undertaken in support of standard 4.7. Where you are delivering a course for the first time, we would expect to see how the person with overall professional responsibility for the course has sufficient knowledge of current BIA practice. They may be a current or former BIA or have extensive experience of teaching in this area.
Depending on the size and structure of your course management team, this person may be the leader of your course. Their responsibilities should include:
- keeping up to date with practice and policy developments and using this information to assist with the review and ongoing development of your curriculum and courses
- providing expert professional advice on all aspects of your course and curriculum
- engaging with key stakeholders including BIAs and employers to help ensure that the course reflects regional issues and priorities
- providing expert professional advice on issues relating to students’ suitability and fitness to practise
Standard 2.5: Ensure that there is adequate provision of appropriately qualified and experienced staff
The number of staff you require will depend on the cohort size of your course. You should be able to justify the number of staff you have in place and the proportion of their time that they spend working on the course.
We do not set staff-to-student ratios. Instead, we consider the staffing within the overall context of the education you provide. You must ensure you have appropriately qualified and experienced staff in the following areas (all of the following):
- admissions and marketing
- curriculum and assessment design, development and delivery
- teaching and supervising
- professional development (we suggest that the course lead should be responsible for professional development)
- quality management
- student support and welfare
Your staff team should include sufficient numbers of approved BIAs to ensure that students learn about professional practice from those who have relevant and current experience of BIA practice.
You should have arrangements in place to review the number of staff involved in the course and to deal with situations such as staff absences. You must ensure that you have adequate support from your course provider in human resources, finance and ICT to deliver your course effectively and consider existing staff resources when proposing additional courses.
Standard 2.6: Ensure that educators are supported to maintain their knowledge and understanding in relation to mental capacity, mental health and human rights legislation and policy, including recent developments, and the practical application of this via the Deprivation of Liberty Safeguards, including giving support to undertake continuing professional development relevant to their role
You should support educators to maintain their knowledge and understanding in relation to BIA practice.
You could consider the following approaches to supporting educators:
- supporting academic staff to spend time back in practice and to reflect on that experience
- providing opportunities for sessional or visiting lecturers, or people with lived experience involved in course delivery, to reflect on teaching and learning with permanent staff
- facilitating professional relationships between permanent and visiting teaching staff for staff development
- ongoing continuing professional development as appropriate to a person’s role
- mentoring schemes
- professional development portfolios
- engaging in relevant research activity
- drawing on external sources of expertise to help inform and update educators’ knowledge base
Standard 2.7: Ensure that students have the opportunity to provide feedback about the course and that this feedback is analysed, shared with employers and others involved in commissioning places on the course, and used to inform the management and development of the course
You must show how you monitor and evaluate your course’s quality and effectiveness. This includes processes which allow you to continuously gather information on quality and effectiveness, as well as to respond to any identified risks, challenges or changes.
You must ensure that students have the opportunity to provide feedback about the course. This feedback should be analysed, shared with employers and others involved in commissioning places on the course, and used to inform the management and development of the course.
Where relevant, you should also use this information as a way of continuously improving your course. The processes you use should be appropriate to the course and may include the following:
- analysing complaints from students
- analysing concerns raised by students, educators and others, for example about the safety or wellbeing of people with lived experience of mental health services
- considering feedback on the positive aspects of the course and its delivery
Standard 3: Observation opportunities
The learning environment must provide observation opportunities that enable students to develop their skills and knowledge across all areas of BIA work, gain required experience in practice settings and meet the relevant competencies alongside their professional standards in supportive and safe settings.
Standard 3.1: Ensure that each student has the opportunity to undertake a minimum of 2 practice observation opportunities which:
i. enables the student to shadow a BIA or community DoLS assessment
ii. provide practice experience that can be applied to a variety of settings and types of supervisory body
iii. enables the student to observe a suitably qualified and experienced relevant qualified professional who has relevant and current knowledge, skills and experience to demonstrate safe and effective practice
iv. enables the student to produce a detailed analysis of relevant practice issues which forms part of the student’s overall assessment
You must have plans and documentation that show how and when students will draw upon their learning and experience of practice observations and the feedback they have been given.
We understand that observation opportunities may have taken place prior to a student’s enrolment on an approved BIA course. We expect you to ensure that observations have taken place a maximum of 12 months prior to enrolment, to ensure that they reflect relevant and current BIA practice.
Assessments set within the programme should draw upon the student’s experience and analysis of practice observations, allowing them to:
- apply knowledge and understanding of a range of models of mental disorder
- apply knowledge and understanding of social, physical, environmental and developmental factors which allow demonstration of the application of a social perspective on mental disorder and mental health needs
- develop a detailed understanding and application of the Mental Capacity Act 2005 and associated code of practice, including changes in case law
- apply knowledge and understanding of the BIA capabilities, regardless of their professional background
Standard 3.2: Ensure that the number, duration and range of observation opportunities is appropriate to support delivery of the course and the achievement of the learning outcomes
As stated under standard 3.1, students are expected to undertake a minimum of 2 observations of practice.
We would recommend that observations should be contrasting, either involving observations of different settings, service users, or practitioners.
Given the wide range of situations and circumstances, we would encourage that students are given as many opportunities as possible to observe the practice of BIAs.
Standard 3.3: Maintain clear collaborative arrangements for planning and communication with providers including a thorough and effective system for approving and monitoring all observation opportunities
By ‘collaborative arrangements’ we mean that course providers should demonstrate how they work in partnership with providers of observation opportunities. We expect you to produce and offer clear guidance to providers of observation opportunities and to prospective applicants outlining:
- expectations of shadowing and practice observation opportunities
- how these observations will be drawn upon for summative assessments
- how to ensure that observations are relevant and appropriate for BIA training
- how to ensure that observations are undertaken ethically, ensuring appropriate consents
- an expectation that observations should take place a maximum of 12 months prior to enrolment, to ensure that they reflect relevant and current BIA practice
We expect you to have a system in place to approve and monitor the observation opportunities that applicants or students undertake to ensure that they will enable students to meet the learning outcomes and demonstrate the BIA capabilities.
This will require collecting information about the observation opportunities that applicants or students have undertaken, either at the point of admission onto your course, or before learning from practice observations informs summative assessments. We expect you to consider:
- where, when and how the observation opportunity was undertaken
- the relevant professional who was shadowed or observed, and how their qualification and experience was relevant to BIA practice, to enable verification (where necessary) that the observation took place
- how ethical considerations were made and appropriate consent was agreed
You could consider providing templates to prospective applicants or students, as appropriate, to help them to consistently capture and record their practice observation experiences.
Standard 4: Curriculum and assessment
Courses must be designed to enable students to develop the required competencies to meet the BIA capabilities. You must ensure a continually evolving curriculum which (all of the following):
- is evidence informed
- matches the contemporary demands of the whole sector
- is delivered by appropriately qualified and experienced professionals
- produces informed, competent, prepared and motivated BIAs
Standard 4.1: Ensure that the content, structure and delivery of the training is in accordance with relevant guidance and frameworks and is designed to enable students to demonstrate that they have the necessary knowledge and skills to meet the requirements of the role as set out in the 6 BIA capabilities set out at Annex 1, as well as a sound understanding of cross-national border issues in relation to practice in Wales, where this is appropriate
It is important that students can demonstrate that they can meet the BIA capabilities by the end of their training. The capabilities set out expectations regarding a BIA's behaviour and cover their ethics, decision-making, legal literacy, communication and interaction with people with lived experience, colleagues and others.
Meeting the BIA capabilities is an essential part of being fit to practise as a BIA. You should have documentation that clearly shows how the content of your curriculum and the learning outcomes are mapped to the BIA capabilities. You should also have documentation that shows when and how students have learning opportunities that allow them to develop their competency so they can meet the BIA capabilities.
It is important that students understand how to maintain their own professional standards whilst also undertaking the BIA role and meeting the BIA capabilities. You should also ensure that the values of human rights, social justice and social perspectives are embedded throughout the teaching and assessment of the programme. Within your curriculum there must be evidence of how you teach students about the value base of a practicing BIA, which may include (all of the following):
- social perspectives of mental health
- professionalism and values
- rights based and social justice focused practice, including concepts of liberty and deprivation of liberty
- cultural competence and culturally appropriate care
- inclusive practice, which includes anti-racist, anti-discriminatory and anti-oppressive practice
- principles of co-production, participation and empowerment, and holistic perspectives
Course providers must reinforce professional regulatory standards to reflect the professions that are training as BIAs on their course. We expect course providers to provide opportunities for BIA students to explore how their professional standards apply to their specialist practice, regardless of the student’s professional background.
If relevant, we would expect course providers to give due regard to Welsh legal frameworks and language requirements. For example, The Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009, which applies to BIAs practicing in Wales.
Standard 4.2: Ensure that the views of employers, practitioners, people with lived experience of social work and carers are incorporated into the design, ongoing development and review of the curriculum
You should consider how you engage employers, practitioners and people with lived experience in the continuous review of the curriculum. This may involve (all or any of the following):
- regularly carrying out critical reviews of your course
- module scrutiny
- review of teaching materials and resources
- involving stakeholders in module or course development, or reviews
To effectively involve people with lived experience, you should go beyond just seeking their feedback. Think about how you can work collaboratively with them to ensure that the course is shaped by their views, needs, evidence and insights. This could involve working collaboratively with individuals, or with groups such as advocacy or support groups.
You should consider the views of employers and practice educators when you design and develop your curriculum. You should (all of the following):
- demonstrate how these views have helped to shape it
- consider holding regular meetings with these groups (to gather their feedback on the curriculum)
- use this to inform curriculum review and continuous improvement
Using the principles of co-production
Co-production can be defined as working together with people as equal partners in the design, delivery and review of BIA education.
The Social Care Institute for Excellence (SCIE) suggests that co-production needs to be based on these key principles (all of the following):
- equality: no one group or person is more important than another, and everyone has skills, knowledge, abilities and other assets to bring to the process
- diversity: co-production should be inclusive for all communities and groups
- accessibility: ensuring that everyone has the same opportunity to take part in an activity fully, in the way that suits them best
- reciprocity: ensuring that people receive something back for putting something in. This may also include ensuring that you have appropriate policies and systems in place to pay people with lived experience for their time
People with lived experience should be involved in, and help you to co-produce the design, development and delivery of the curriculum in the following ways:
- developing teaching approaches and materials
- planning and developing the course, for example by giving their perspective and feedback on the content of curricula and the methods of teaching, which could include formal membership of curriculum development and governance groups
- teaching and learning activities, for example by giving presentations, facilitating seminars, contributing to small group work with students and mentoring students
Standard 4.3: Ensure that the course is designed in accordance with equality, diversity and inclusion principles, and, human rights and legislative frameworks
You must consider equality, diversity and inclusion principles when designing your course and supporting systems and processes by (all of the following):
- ensuring that your course is designed and delivered in accordance with your organisation’s equality and diversity policies
- ensuring all students are treated fairly, including whilst on observation, regardless of the protected characteristics enshrined in law and policy
- publishing processes and policies for supporting students with physical, mental health and wellbeing needs and promoting these amongst staff and students
- promoting health and wellbeing for your students through activities and student services
- supporting and encouraging students to declare physical and mental health conditions, which may impact on a person’s fitness to practise
- making sure that the environment of your course is accessible to all students and is inclusive through the provision of appropriate and tailored adaptations
- ensuring that your course is inclusive by design. For example, teaching and learning materials are used that are accessible for all, assessment schedules are planned in consideration of religious festivals, and resources are accessible to support learning
- ensuring that assessments are constructed and scheduled in a way that allows reasonable adjustments to be made for students. For example, more time for a student to complete an assessment, alternative assessments or opportunities for additional breaks.
- analysing data in relation to equality, diversity and inclusion
Standard 4.4: Ensure that the course is continually updated as a result of developments in research, legislation, government policy, best practice, and case law
You should ensure that your curriculum stays current and relevant. You should update it in a timely manner with research and developments or changes in legislation, government policy and current best practice. For example, you may consider being able to show how the design of the curriculum predicts or reflects (all of the following):
- changes in practice or services
- developments in the profession’s research and evidence base
- advances in technology
- changes in the law
- changes in the needs and expectations of people with lived experience of social work and/or mental health services
Also, you may want to consider how to reflect feedback on changes in workforce development and lifelong learning (from employers), and developments in professional and regulatory practice (including research and guidance).
Standard 4.5: Ensure that the integration of policy, legal literacy and practice is central to the course
We expect policy, legal literacy and practice to be combined with both the taught and practical parts of the course. By ‘practical parts of the course’ we mean practice based learning through observation.
Theory and practice must be linked and must inform each other. For example, students must have the opportunity to learn theory and understand why it is important, but also to reflect on and learn how to apply theoretical frameworks in practice.
You should ensure that you enable students to identify and articulate the importance of theory and how it informs their existing and future BIA practice.
BIA students must have the opportunity to understand and apply legal frameworks and legal reasoning to justify and underpin their decision making. This should be informed by law, statutory guidance and case law.
Students should have the opportunity to explore the autonomous nature of a practising BIA and consider how they are guided by their knowledge and understanding of BIA practice in decision making.
Standard 4.6: Ensure that the number of hours spent in structured academic learning under the direction of an educator is sufficient to ensure that students meet the required level of competence
You should ensure that students spend enough time in structured academic learning for them to meet the required learning outcomes and meet the BIA capabilities by the time they complete the course.
Structured academic learning may include classroom learning, group based learning, and blended or distance learning, but does not include time spent on observations. We do not set a minimum number of required hours for structured academic learning. Instead, we will consider this within the overall context of the education you provide.
Course providers must demonstrate their justification for the number of hours spent in structured academic learning under the direction of an educator and how this is sufficient.
Standard 4.7: Provide staff involved in leading and delivering the training with sufficient protected training time to keep their own practice and knowledge up to date in line with statutory and regulatory requirements
You should support educators to maintain their knowledge and understanding in relation to BIA practice.
You could consider these approaches to supporting educators (all of the following):
- supporting all academic staff to spend time back in practice and to reflect on that experience
- providing opportunities for sessional or visiting lecturers, or people with lived experience involved in course delivery, to reflect on teaching and learning with permanent staff
- staff development strategies
- ongoing continuing professional development as appropriate to a person’s role
- mentoring schemes
- professional development portfolios
- engaging in relevant research activity
Standard 4.8: Ensure that assessments are robust, fair, reliable and valid, and that those who successfully complete the course have developed the knowledge and skills necessary to make robust, independent and well-evidenced assessments in the best interests of the person. This should include regular monitoring and evaluation of assessment standards to ensure that they remain robust and reliable
Assessment strategy
Your strategy needs to show that your assessments are reliable. You should be able to show that your assessments produce the same, consistent outcomes across a cohort of students. This should be regardless of when the assessment takes place or who marks it.
Your strategy needs to show that your assessments are fair and provide all students with an equal opportunity to demonstrate their progression and achievement. Assessments must take into consideration a specific student’s needs, for example the needs of disabled students or those facing difficult circumstances.
Your assessment strategy should show how individual assessments and examinations contribute to overall judgements about students’ progression. When developing your assessment strategy you should consider including (all of the following):
- the rationale for your approach to assessments, ideally referencing academic literature and best practice in assessment
- when and in what format assessments take place during the course
- how assessments can be co-produced with people with lived experience of social work and/or mental health services
- pass marks required for individual modules and assessments
- the resit policy, which should include the number of resits students are allowed (and within what period)
- the maximum time a student can take to complete the course
- information about options available for students who are at risk of not progressing or not completing the course, including alternative qualification options
- mitigating circumstances, reasonable adjustments, academic appeals and complaints policies
- who is responsible for managing and delivering assessments
When designing assessments, you should consider methods that draw on contexts and scenarios that are relevant to practice. It is important that assessments are carried out at appropriate stages during the course to match students’ expected progression. For example, end of module assessments should be scheduled close to the end of that phase of learning, with appropriate time allowed for revision.
You should consider the assessment burden on students when scheduling your assessments. For example, scheduling several assessments in a short period of time may cause undue stress for students. Scheduling assessments so there are reasonable gaps between them could reduce pressure on students.
When designing assessments, you should consider methods that draw on contexts and scenarios that are relevant to BIA practice. Examples of assessment types to consider include:
- reflective accounts
- observation portfolios
- viva
- law exams
- assignments
It is important that assessments are carried out at appropriate stages during the course to match students’ expected progression.
Monitoring and evaluation
You should show how you monitor and evaluate the quality and effectiveness of your assessments. This includes processes which allow you to continuously gather information on assessment quality and effectiveness, as well as to respond to any identified risks, challenges or changes.
Where relevant, you should also use this information as a way of continuously improving your assessment strategy. The processes you use should be appropriate to the course and should include (all or any of the following):
- carrying out internal quality audits and moderation of assessments
- regularly carrying out critical reviews of your course
- regularly collecting and analysing feedback from students on assessments
- analysing student progression and attainment, and feedback from assessors
- considering feedback from external examiners
You should also include people with lived experience in your processes for the monitoring, evaluation and improvement of your assessments. This could include:
- obtaining the views of and feedback from people with lived experience who have been involved in your course assessments
- involving people with lived experience in module or course reviews, or in developing new modules or courses
You may also wish to refer to the guidance under standard 2.2 to support you to evidence how you have met this standard.
Standard 4.9: Ensure students are provided with feedback throughout the course to support their ongoing development
Students should be provided with timely feedback throughout their course in various forms. Formative (informal) assessments should be included in the course. Examples could include in-class tests, feedback at the end of sessions, and student discussions. The emphasis of this and of all summative (formal) assessments should be on identifying ongoing development needs.
Students should be supported to use this feedback to help inform their development. For example, you may wish to encourage students to keep a reflective journal which they can take forward with them and build on during their initial BIA practise and ongoing continuing professional development. You should support students to take a proactive approach to identifying where feedback on their performance may be available to inform their learning.
Standard 4.10: Ensure that the course is designed to enable students to develop an evidence-informed approach to assessment and evaluation, underpinned by skills, knowledge and an ability to interpret and respond appropriately to legislative and policy change and case law
It is important that students learn how to use evidence from research and other sources to inform and systematically and critically evaluate their practice as a BIA. By ‘evidence informed approach’ we mean the ability to gather, use, analyse and evaluate evidence to inform decision making and enable effective practice.
Evidence may come from research, audit and evaluation or feedback from people with lived experience. Development of evidence informed practice could be achieved through student centred and independent learning, teaching and assessment strategies, as well as student led research where appropriate.
You should make sure that the course encourages students to enhance their analytical and critical skills and research appreciation relevant to BIA practice.
Standard 4.11: Ensure that the course equips students with knowledge and skills in relation to identifying and anticipating areas of conflict arising from DoLS processes and outcomes, and supporting individuals, families, carers and agencies to understand the checks and balances of the DoLS system, to support a robust, independent and well-evidenced determination in the best interests of the person
The course provider should (but not limited to) demonstrate how the course content covers the following areas:
- potential disagreements between family members, or between family and professionals, and how these arise
- power dynamics and the legal context
- multi-disciplinary working and how differences of professional opinion occur
- past interests compared to current and future interests of the person
- obtaining a person’s views in the context of a BIA assessment
- understanding different levels of legal literacy between stakeholders, including people with lived experience of mental health services, carers, and multi-agency professionals
- the highly complex nature of decision-making in relation to depriving a person of their liberty, least restrictive alternatives, taking into consideration legal concepts, frameworks and case law which may change over time
- the limits of DoLS in protecting the person from harm
- the timescales required across the DoLs process and how this impacts the BIA role
Standard 4.12: Clearly specify requirements for student progression and achievement within the course
You should have clear governance mechanisms to oversee progression and make decisions about successful completion of the course by individual students. Your processes should support the following:
- reaching evidence-based and defensible decisions about individual students, using expert judgement in an accountable and consistent manner
- exercising discretion in a fair and consistent manner that would withstand challenge on the grounds of due process
- taking appropriate consideration of mitigating circumstances, and considering whether alternative assessment methods are required
- making decisions about if and when students are permitted to retake assessments
Reliable and valid assessments will allow students to clearly demonstrate how they are progressing through their course and achieving the learning outcomes. Your policy on how many times a student can retake an assessment should strike a suitable balance between the need to support students to succeed and the need to make sure that students who complete the course can achieve the BIA capabilities.
We expect course providers to provide clear and accessible information to students about progression and achievement throughout the course.
Standard 4.13: Clearly specify that any equivalent award which may be made will not lead to eligibility to be approved as a BIA
Your assessment strategy and design should ensure that students can meet all of the BIA capabilities before completing the course. You must also ensure that students who do not demonstrate that they meet the BIA capabilities are not allowed to complete the course.
However, you may wish to consider providing opportunities for such students to receive a different award which does not qualify them to be an BIA.
Standard 4.14: Clearly specify a process for the appointment of at least 1 external examiner who must be an appropriately experienced and relevant qualified professional
It is important that there is appropriate professional input in the external review of your assessment process. You should recruit external examiners through a transparent process. This should use role specifications that include requirements in relation to expertise and experience in the design and delivery of assessments.
You should have processes for briefing external examiners and provide training for their role as appropriate. You should ensure that your external examiners have professional experience and qualifications relevant to the course and professional registration.
Your external examiners should contribute to the review and development of assessment strategies, providing advice from an overarching perspective. Their role should be strategic and at the level of reviewing processes and systems, rather than the examination of individual students.
You should use published guidance on external examiners to inform your processes, for example, the Quality Assurance Agency (QAA) Code of Practice for external examining. You should be able to show that you review comments from external examiners and give due consideration to any recommendations they make to improve your assessments, and be able to justify why you have not acted on any recommendations, if applicable.
Standard 5: Supporting students
Students must receive appropriate educational and pastoral support to progress through their course and develop the knowledge and skills necessary to meet the BIA competencies when they qualify.
Standard 5.1: Ensure that students have access to resources to support their health and wellbeing including confidential counselling services. The course must also equip students to understand the potential impact of BIA practice on their own emotional and mental wellbeing, and the importance of identifying ways to handle this impact
It is important that students can access resources to support them to manage their health and emotional wellbeing. In most cases, this support will be primarily available through the student’s employer’s occupational health service arrangement, but you should be able to demonstrate that you communicate to students how they can access this support wherever it is available.
You should regularly review any counselling, occupational health or other relevant services to ensure that they are accessible and available to BIA students. Services should be clearly signposted, for example in student handbooks and/or in your direct communication with students.
You should demonstrate how you provide, or signpost, access to timely support for students who require it in relation to teaching sessions, for example in relation to past trauma. Students who declare that they have lived experience of mental health services may need particular arrangements to be made for their course, or they could be entitled to additional support. For example, care leavers may be entitled to financial support during their course.
Standard 5.2: Ensure that students have access to a system of academic and pastoral support for their progression, development and welfare
It is important that students can access resources to support their academic development. You should have processes in place to ensure that students have access to regular feedback on their academic progress, such as a personal tutor system.
There should be processes to support students who need additional help with particular aspects of their course. These processes should be in place for all students, but in particular you may want to consider how to support:
- students returning to learning after some time
- students with disabilities
- students who have to take periods of planned or unplanned leave from the course
- students with caring responsibilities
- students with financial difficulties
Standard 5.3: Ensure that there is a thorough and effective process for ensuring the ongoing suitability of students’ conduct, character and health
In this standard, ‘suitability’ refers to fitness to practise. There is more detail on this in our fitness to practise guidance, the Health and Care Professions Council’s fitness to practise guidance, and the Nursing & Midwifery Council’s fitness to practise guidance. You should use this guidance when you ensure compliance with this standard.
It is important that you have clear arrangements in place for identifying, notifying, and responding to any issues that may arise in relation to the ongoing suitability of students for BIA practice.
You should ensure that you have processes in place to enable students to make a declaration about their suitability whenever it may be necessary. You should have a clear underpinning agreement in place with any relevant partner bodies about shared responsibilities. You should be able to show how this agreement (all of the following):
- enables students to make a declaration about their fitness to practise
- how this information will be assessed and managed appropriately (and with public protection in mind)
For example, it may be appropriate for sponsored students to notify their local authority training lead rather than to tell you directly. The training lead would make decisions about appropriate further information sharing to manage any risk to the student’s fitness to practise. Regardless of the allocation of responsibilities, you should be able to show how (all of the following):
- you are confident that any issue adversely affecting a student’s fitness to practise will be identified
- you are confident that it will be addressed in a way that prioritises public protection
- you take account of the best way to provide support to the student
We will expect to see how you have made suitably robust alternative arrangements for students to notify you where there is no separate training lead or equivalent named person/s. This could be because of local arrangements or because a student is studying independently of such arrangements or for any other reason. You should have processes in place to assess the impact of this and to address it in a way that prioritises public protection, and takes account of the best way to provide support to the student.
Standard 5.4: Make reasonable adjustments for students with health conditions or impairments to enable them to progress through their course and meet the specialist capabilities in accordance with relevant legislation
We expect you to make supportive arrangements for students who have declared any additional needs, while also abiding by the Equality Act 2010. This includes those who have long term health conditions and impairments.
You should be able to demonstrate that you have processes in place to help identify where these arrangements are necessary in relation to the academic elements of the course.
You should ensure timely communication to partner organisations (normally local authorities) to promote consistency of support for students. This is where there is likely to be an impact on the student’s practise or observation arrangements.
Standard 5.5: Provide timely information to students about their curriculum, observation requirements, assessments, and implications for their continuing practice, including arrangements for annotation of the register and requirements for periodic refresher training
You must ensure that students have access to the information as detailed within the standard. This could include (but is not limited to):
- the structure, content and delivery of the course, including observation requirements (giving attention to the requirements of standard area 3)
- information on assessments, including details of the timing and format of assessments, pass marks for individual assessments, and policies about resits, mitigating circumstances, reasonable adjustments, academic appeals and complaints.
- expectations in relation to maintaining current knowledge of case law.
- local arrangements in place to maintain BIA status (i.e. annual legal refresher courses, numbers of assessments completed)
Standard 5.6: Ensure that students are able to draw links between the completion of their BIA course and ongoing refresher training, and the ongoing requirements of their professional registration such as continuing professional development
It is important that students are encouraged to consider how they will manage additional responsibilities and refresher training needs once they have become a BIA, in addition to their existing professional requirements.
In meeting this standard, you may wish to refer to the guidance under standard 5.5.
Standard 5.7: Provide timely and meaningful feedback to students on their progression and performance in assessments
It is important that students receive useful feedback as soon as is practical after their assessment about how they have performed. Feedback is an important part of encouraging students to reflect on their performance.
Standard 5.8: Ensure there is an effective process in place for students to make academic appeals
Assessment processes must be applied fairly, and students must be able to make an academic appeal where they feel that this has not been the case. An academic appeal means a request by a student for a review of a decision made by you or another academic body about their progression, assessment or award.
It is important that you have a clear, robust and effective process in place for students to make academic appeals and that students have access to information about this process. By effective, we mean that the process must allow you to deal with an appeal in a fair and timely way, and that it must include you taking appropriate action if necessary.
Information you should provide to students about your academic appeals process should include:
- how to make an appeal
- who will decide their appeal
- how their appeal will be decided
- where they can go for advice
You should make sure that students are not disadvantaged in any way because they have made an academic appeal.
Standard 5.9: Ensure that policies and processes, including for whistleblowing, are in place for students to challenge unsafe behaviours and cultures and organisational wrongdoing, and report concerns openly and safely without fear of adverse consequences
You should support students to raise concerns. You should make sure that students know who to report their concerns to, and how these concerns will be considered and acted on.
Your policies should be designed to make sure that students are not penalised for raising concerns. Other support for students may include (all or any of the following):
- training on raising concerns and the importance of being open when things go wrong
- dedicated reporting or communication methods for students to raise concerns
- advice from members of staff when situations arise which may be cause for concern
Educators, practice educators and observation providers should be mindful of this. They should be aware of the need to support and encourage students to take appropriate action, if necessary. Course provider and observation provider policies should set out the processes and the support students can expect to receive if they raise concerns or whistleblow.
The appropriate way to deal with a concern is likely to depend on the nature of the concern and where it originates from. For example, it may be best for the course leader or other managers at your organisation or the observation provider to deal with a concern.
Your process should make sure that, where necessary, the concern will be forwarded to another appropriate person or organisation.