Aims This course aims to enable health and social care staff to consider the impact of the Mental Capacity Act 2005 on their work and its relationship to the use and application of the Mental Health Act 1983. Learning outcomes 

• Understand the key rules and procedures of the Mental Capacity Act and how this relates to its interaction with the Mental Health Act
• Explain how their working practices will be affected by using the Mental Capacity Act
• Illustrate the skills needed to assess which Act is applicable for particular situations
• Demonstrate practical application of the interaction between the two Acts

Programme

• Mental Capacity Act commentary – Court of Appeal, CQC, Ombudsman
• MCA and MHA 1983 comparison
• MCA and MHA statistics – detention and supervision in England
• Using the MCA in mental health services – community, admission, hospital and discharge
• Admission to hospital – ECHR case law and AM & SLaM case
• Assessment of capacity – first steps and overview
• Understand – what information for admission to hospital
• Use or weigh – significance in mental health and case law
• Best Interests – overview and the checklist
• Admission to mental health wards – which Act and why? Case law guidance
• Code of Practice guidance – objecting to treatment or admission (eligibility for DoLS)
• Conveyance - moving people?
• Deprivation of Liberty – European view onwards
• Why or when to use DoLS in mental health services – hospital and community
• Case law – CTO and Conditional Discharge and DoLS
• Case law summary sheet on MHA and MCA cases

If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk  or call 07341 277487.  

Aims: Many local authorities and other organisations struggle with the law concerning the creation of tenancy agreements for those lacking mental capacity. A number of court judgments have illustrated the common problems faced by staff, and the consequences of unlawful tenancy agreements. This course will consider how staff should assess mental capacity in relation to tenancy agreements and the key case law in this area. It will also consider the legal validity of tenancy agreements signed by, or on behalf of, those lacking capacity; and when people lacking capacity may be placed without a tenancy agreement being in place. Delegates will be provided with examples of when applications to the Court of Protection may be required and the practical procedures relating to this. The role of attorneys and deputies, in relation to tenancy agreements, will also be discussed. Programme: The day will include the following key topics: - Mental capacity assessments - overview and in relation to tenancy agreements - Best interests assessments - overview and in relation to tenancy agreements - Accepting and signing a tenancy agreement on behalf of those lacking capacity - Defining a tenancy agreement - Lasting Powers of Attorney & Deputies - Case law - supported living - Court of Protection - when to make an application - Court of Protection - bulk applications, forms and practical matters Exercises will consolidate the learning process and allow delegates to explore the subject matter in more depth. The course will be delivered by Aasya Mughal Aasya is a barrister and director of Edge. She has provided legal representation for individuals and businesses in civil law matters in the county courts including landlord and tenant proceedings. She also has previously gained considerable experience as an in-patient advocate, working with detained patients on a number of mental health wards and has appeared before the Court of Protection in this role. She is co-author of three books, an App and three wall charts on the Mental Health Act, Mental Capacity Act and DoLS used by local authorities, hospitals, universities and lawyers. She has also provided legal information and advice to the public on human rights law through the organisation Liberty on a pro bono basis. Includes all course materials, certificate and refreshments. Places are limited so early booking is recommended. If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk  or call 07341 277487.

The Mental Capacity Act 2005 has had a considerable impact on all health and social care staff. The legislation covers all health or social care decisions made on behalf of people who lack capacity to consent to care or treatment. Its remit covers all areas where such decisions may be made – private homes, hospital, GP practice, dental surgery, care home, supported living and other locations. Although many staff have now received training on the Act, they may struggle with specific issues in daily practice and may be unable keep up to date with the latest case law that impacts on their work. This course considers practice issues under the Mental Capacity Act such as record keeping, disputes, unwise decisions and balancing risk. The course also conveniently disseminates the body of court judgments that apply to mental capacity assessments and best interests. It looks at some of the more complex cases around special issues in assessing capacity such as risk taking, contact, serious treatment, residence, vulnerable people and the inherent jurisdiction. The judgments used are selected to be most useful to health and social care staff and will provide a practical knowledge base they can refer to in daily practice. Staff will have the opportunity to raise questions they have about their daily practice and will work through real case studies to establish any weaknesses in their practice and improve upon them. Programme: The day will include the following key topics:

• Mental Capacity Act 2005 – brief overview
• Defining & Assessing Capacity – brief overview
• The vulnerable with mental capacity- unwise decisions v the inherent jurisdiction
• Practical issues and challenges in testing capacity: when to assess, frequency, reviews, who should assess, refusals to be assessed, disputes
• Best interests overview- decision making for those lacking capacity
• Best interests case law- record keeping, balance sheet, consulting, less restrictive options
• Best interests- case Law: risk, vulnerability, contact, involving the person, wishes, consulting
• Best interests meeting
• Article 8 European Convention on Human Rights (ECHR) and Family Life

The course will be delivered by Aasya Mughal Aasya is a barrister and director of Edge. She has provided legal representation for individuals and businesses in civil law matters in the county courts including landlord and tenant proceedings. She also has previously gained considerable experience as an in-patient advocate, working with detained patients on a number of mental health wards and has appeared before the Court of Protection in this role. She is co-author of three books, an App and three wall charts on the Mental Health Act, Mental Capacity Act and DoLS used by local authorities, hospitals, universities and lawyers. She has also provided legal information and advice to the public on human rights law through the organisation Liberty on a pro bono basis. Includes all course materials, certificate and refreshments. Places are limited so early booking is recommended. If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk  or call 07341 277487.