Hospital Discharge, Consent, Mental Capacity Act and Human Rights - 24 September 2025

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