Discharge to Assess, Consent, Human Rights & the Mental Capacity Act - 4 May 2022

Aims

This course aims to enable participants already familiar with the Mental Capacity Act to maximise their skills in assessing mental capacity and best interests when making decisions to place people under the ‘discharge to assess’ pathway. It provides an in-depth analysis of the assessments required under the Mental Capacity Act and considers the latest case law with a focus on court cases involving placement decisions (and what went wrong). The course will also focus on the interface with the European Convention on Human Rights (ECHR). Participants should refresh their knowledge of the principles of the Mental Capacity Act before attending.

Learning outcomes

• Enhance skills in assessing mental capacity and best interests decision making in particular, in relation to ‘discharge to assess’ situations.
• 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
• Practical issues and challenges in assessing capacity: when to assess, 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 in relation to ‘discharge to assess’: residence, care arrangements
• 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)
• Discharge decisions and Ombudsman Complaints
• 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 assistant@edgetraining.org.uk  or call 07341 277487.