Advanced MCA - Assessing Capacity and Best Interests - 1 April 2025

Aims 

This course aims to enable participants already familiar with the Mental Capacity Act to maximise their skills in assessing capacity and best interests. It provides an in-depth analysis of the assessments and considers the latest case law.

Learning outcomes  

• Enhance skills in assessing capacity and best interests decision making

• Understand key lessons from case law for assessing capacity

• Consider relevant issues and case law in relation to best interests

• Identify situations that require Court of Protection authority

• Apply learning into practice through case study scenarios

Programme

The course 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 assessing capacity: when to assess, frequency, reviews, who should assess, refusals to be assessed, disputes

• Understand and Use or Weigh – detail and case law

• Assessments of capacity – recording

• Key case law examples of capacity – residence, care, contact, sexual relations

• 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 meetings – when, why and how?

• Article 8 (private and family life) European Convention on Human Rights (ECHR)

• Best interests – Supreme Court and taking risks

• The Court of Protection – when to use

The course will be delivered by Dawn Revell

Dawn is a qualified Social Worker having obtained her professional status over 18 years ago. She continues to practice as an Approved Mental Health Professional (AMHP) under the Mental Health Act 1983.She is a joint trained investigator for safeguarding adults and presently has responsibility for managing and advising on complex safeguarding adult cases.  Dawn presently manages a generic, county wide social services emergency duty team. She has worked as an associate trainer for over 4 years and has designed, facilitated and delivered training on risk assessment, mental health, mental capacity and safeguarding adults.

Includes all course materials and a certificate. Course access details will be emailed direct to delegate(s) upon completion of your booking.  If you have any queries, please do not hesitate to email events@edgetraining.org.uk  or call 07341 277487.