Advanced MCA - Assessing Capacity and Best Interests - 20 June 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 Aasya Mughal

Aasya is a barrister and director of Edge Training & Consultancy Ltd. She was called to the Bar in 2003 and has provided legal representation for individuals and businesses in civil litigation cases and for patients in appeals against their detention under the Mental Health Act. Aasya also 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.

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 providing 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 (now Mental Capacity (Amendment) Act 2019).

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.

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.