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.
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 director of Edge Training & Consultancy Ltd. She previously provided legal representation for individuals and businesses in civil litigation proceedings and also for patients in appeals against their detention under the Mental Health Act. Prior to this, she gained considerable experience as an in-patient advocate working with detained patients on a number of mental health wards and also appeared before the Court of Protection in this role. She is co-author of a smartphone App, three books and four wall charts on the Mental Health Act, Mental Capacity Act and Deprivation of Liberty Safeguards used by local authorities, hospitals, advocacy groups, universities and lawyers. These books are highly reviewed on Amazon.
Aasya has volunteered for the human rights organisation Liberty providing legal information and advice to the public on human rights law and also volunteers her time to deliver training to families on the Mental Capacity Act through Edge. Most recently, she has been proving guidance to charities and members of the House of Lords on the Liberty Protection Safeguards including the drafting of amendments to the Mental Capacity (Amendment) Bill.
If you have any queries, please do not hesitate to email firstname.lastname@example.org or call 07341 277487.
Throughout 30 years of police work, I cannot remember a day’s course that was so entertaining and informative.
Clear concise presentation delivered with passion!
Excellent presenter- Clear, concise and relevant