Mental Capacity Act and fluctuating capacity - 19 May 2026

Aims

To provide staff with information and guidance on the Mental Capacity Act 2005 and how to apply in the context of fluctuating mental capacity. The course will consider key learning from safeguarding adult reviews and judgments handed down by the Court of Protection and provide opportunities to consolidate existing knowledge of the MCA.  

Learning outcomes

By the end of the course participants will:

• Describe what is meant by the concept of fluctuating mental capacity.

• Identify how impaired executive function can impact decision-making.

• Examine how to assess Mental Capacity Act in the context of supporting people with fluctuating capacity.

• Explore how the courts have approached fluctuating mental capacity.

Programme

The day will include the following key topics:

• Legal hierarchy: legislation > case law > professional guidance

• Professional standards of practice

• Interface with Human Rights Act 1998 & Care Act 2014

• Factors impacting decision-making

• Non-engagement

• Fluctuating capacity – what is it?

• Assessing capacity - How to apply Principles 1 to 3 in the context of mental capacity assessments 

• Executive functioning and executive capacity

• Evidence-based assessments & how to record determinations of fluctuating capacity 

• ‘Causative nexus’       

• How the courts approach fluctuating capacity – longitudinal approach and anticipatory declarations

• S48 MCA – Interim orders

• Best interests – overview and the checklist

• Guidance on wishes & feelings

• Section 5 & 6 Mental Capacity Act

• Learning from Safeguarding Adult Reviews  & the 2nd National Analysis of Safeguarding Adult Reviews – applying the MCA in the context of fluctuating mental capacity 

The course will be delivered by Sara-Jayne Williams

Sara-Jayne Williams is a Social Work England registered social worker, having obtained her professional status in 2001. She has experience of working with older people, adults with learning disabilities and adults with physical health needs. Sara-Jayne has experience of front line social work practice, supervision and managing a social work team.

Sara-Jayne has a particular interest in the Mental Capacity Act (MCA) 2005 and Deprivation of Liberty Safeguards (DoLS). For eight years, she was employed as the lead MCA/DoLS professional for a local authority, advising social care staff on their use of the MCA and DoLS. She is a member of the National Mental Capacity Forum. Sara-Jayne is also a Best Interests Assessor (BIA) under DoLS. Sara-Jayne is passionate about demystifying the MCA. She is highly motivated, enthusiastic and driven to ensure best practice and compliance with human rights legislation.

Sara-Jayne was awarded a Post Graduate Certificate in Post-Compulsory Education in 2019. Sara-Jayne has designed, delivered and reviewed training on the MCA, DoLS and the Care Act 2014. Training has been delivered to a range of audiences, including health and social care, police, housing and colleagues from the private, voluntary and independent sector.

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.