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This next session of this course has not yet been scheduled
Please email assistant@edgetraining.org.uk to register your interest
£140.00 exc. VAT

Mental Health Act and Mental Capacity Act Interaction


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


  • 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
The course will be delivered by Steven Richards 
Steven is a Mental Health Act Reviewer with the Care Quality Commission and a specialist advisor in relation to the Mental Capacity Act. He is a Director of Edge training and consultancy and has worked in the mental health field for over 20 years, both for the NHS and voluntary sector. He has been an in-patient advocate for Mind and as an advocate represented directly before the Court of Protection. Steven has trained health and social care professionals on the Mental Capacity Act since its inception and regularly delivers legal update training to DoLS assessors (BIAs and Mental Health Assessors) and authorising signatories.
Steven is co-author of three books, Working with the Mental Capacity Act 2005 – 2nd edition, Working with the Mental Health Act – 3rd edition and The Deprivation of Liberty Safeguards (DoLS) Handbook – 1st edition. He also co-authors a number of wallcharts on the Acts which are used nationally and a mobile App on the Mental Capacity Act.
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.


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