Mental Capacity & How to Assess 12 May 2022

12 May 2022  10.00 to 16:00

Aims

This one day course aims to enable participants already familiar with the basics of the Mental Capacity Act to maximise their skills in assessing mental capacity. It provides an in-depth analysis of the assessment process and incorporates the latest guidance from judges in the Court of Protection.

Please note: this course does not provide a list of questions to ask people being assessed. This would not be compliant with the law as questions must be person centred and cannot be fixed in advance. Instead the course aims to enhance mental capacity assessment skills and record keeping.

Learning outcomes

· Enhance skills in assessing mental capacity

· Understand key lessons from case law regarding mental capacity assessments

· Learn tips to improve record keeping

· Apply learning to practice through case study scenarios based on real court cases for a range of conditions

Programme

The day will include the following key topics:

· Introducing the Mental Capacity Act

· Assessing mental capacity – first steps and the assessment

· The difference between understand and use or weigh

· Retaining information – guidance

· Communicate the decision- when is this relevant?

· The causative nexus and the importance of ‘because of’ – Court of Appeal case law

· Assessments – record keeping tips

· Residence for care – relevant information – case law

· Implied consent?

· Practical issues and challenges in assessing mental capacity: when to assess? who should assess? refusals to be assessed, disputes etc

· Consequences of poor assessments

· Dementia and assessing mental capacity- case law

· Psychosis and assessing mental capacity- case law

· Mental disorder and assessing mental capacity

· Autism or youth and unwise decisions?

· Guidance on undertaking good quality assessments from the Court of Protection

The course will be delivered by Aasya Mughal

Aasya is a director of Edge Training & Consultancy Ltd. She previously provided legal representation for individuals and businesses in civil litigation proceedings and also for patients in appeals against their detention under the Mental Health Act. Prior to this, she 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. 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.

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 proving 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.

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.

Are you a Local Authority, NHS Trust or CCG ?

If you are a Local Authority, NHS Trust or CCG and require an invoice please email assistant@edgetraining.org.uk for a booking form