Sexual relations, contraception, marriage and restricting contact : Article 8 and the Mental Capacity Act – 29th November 2019
This one day course is designed to enable participants to understand mental capacity in these sensitive areas. Participants will gain awareness of the relevant case law in relation to capacity and (where relevant) best interests decision making. Guidance will be offered on the steps to take where an individual lacks capacity to consent in these areas, to ensure that they are adequately safeguarded, and legal obligations are met.
By the end of the course participants will be able to:
- Understand the application of the MCA in relation to issues of private and family life (Art 8).
- Increase confidence in assessing capacity to consent in sensitive personal areas
- Identify how to respond appropriately where a lack of capacity in these areas is confirmed
The day will include the following key topics:
- Consent and the Mental Capacity Act – overview
- Legal basis for action and case law
- European Convention on Human Rights – Article 8 – overview
- MCA overview and excluded decisions
- How the courts apply domestic legislation and the Human Rights Act
- Capacity to sexual relations – case law principles
- Sexual relations – what to understand?
- Sexual Offences Act 2003 and mental capacity to sexual relations
- CQC guidance for providers
- Sexual relations and contact with others – case law examples
- Contact with others – what to understand?
- Capacity to marriage
- Capacity to contraception
- The limits of DoLS and safeguarding adults – case law and Ombudsman
- Court of Protection – scope and decisions
- Case studies – applying learning to practice
The course will be delivered by Steven Richards
Steven Richards 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 Steven represented directly before the Court of Protection. He is a Mental Health Act Reviewer with the Care Quality Commission and has also been used by the CQC as a specialist advisor on the Mental Capacity Act and DoLS during inspections.
Steven delivers training on the Mental Capacity Act and Mental Health Act across England and Wales to health and social care professionals and he provided training on the proposed Liberty Protection Safeguards to members of the House of Lords.
Steven is co-author of three books: Working with the Mental Capacity Act 2005 – 3rd edition, Working with the Mental Health Act – 3rd edition and Deprivation of Liberty Safeguards (DoLS) Handbook – 1st edition. He also co-authors several wall charts on the Acts and an 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 firstname.lastname@example.org or call 07341 277487.
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