Mental Health Act & Mental Capacity Act interaction 20 & 21 June 2023

PART 1:  20 June 2023  10:00 to 13.00

PART 2:  21 June 2023  10.00 to 13:00

Aims

This course aims to enable health and social care staff to consider the impact of the Mental Capacity Act 2005 on their work and its relationship to the use and application of the Mental Health Act 1983.

Learning outcomes

· Understand the key rules and procedures of the Mental Capacity Act and how this relates to its interaction with the Mental Health Act

· Explain how their working practices will be affected by using the Mental Capacity Act

· Illustrate the skills needed to assess which Act is applicable for particular situations

· Demonstrate practical application of the interaction between the two Acts

Programme

· Mental Capacity Act commentary – Court of Appeal, CQC, Ombudsman

· MCA and MHA 1983 comparison

· MCA and MHA statistics – detention and supervision in England

· Using the MCA in mental health services – community, admission, hospital and discharge

· Admission to hospital – ECHR case law and AM & SLaM case

· Assessment of capacity – first steps and overview

· Understand – what information for admission to hospital

· Use or weigh – significance in mental health and case law

· Best Interests – overview and the checklist

· Admission to mental health wards – which Act and why? Case law guidance

· Code of Practice guidance – objecting to treatment or admission (eligibility for DoLS)

· Conveyance - moving people?

· Deprivation of Liberty – European view onwards

· Why or when to use DoLS in mental health services – hospital and community

· Case law – CTO and Conditional Discharge and DoLS

· Case law summary sheet on MHA and MCA cases

The course will be delivered by Steven Richards

Steven Richards is a Director of Edge training and consultancy and has worked in the mental health field for over 20 years. He was a Mental Health Act administrator for many years at the Maudsley Hospital advising clinical staff on their use of the legislation in practice. During this time, he was involved in the publication of the hospital’s guide to the Act, called the Maze. Following this, Steven was an in-patient advocate for Mind working across adult acute and dementia assessment wards. As an advocate he successfully challenged the assessment of mental capacity of a client directly before the Court of Protection.

Steven was a Mental Health Act Reviewer with the Care Quality Commission for over 10 years visiting and reviewing the care and treatment of patients detained under the Act. He also worked with the CQC as a specialist advisor on the Mental Capacity Act and DoLS.

Steven delivers training on both the Mental Capacity Act and Mental Health Act across England and Wales to health and social care professionals. He has experience of training a wide variety of services including local authorities, CCGs, NHS Trusts, Welsh Health Boards, the police, hospices and prison health services. Steven delivers professional legal update courses for DoLS BIAs and Mental Health Assessors and AMHPs under the Mental Health Act. He has spoken at a series of Health Education England conferences on the use of the MCA at the end of life care. Steven was invited by members of the House of Lords to deliver training on the draft Liberty Protection Safeguards bill prior to detailed debate and amendments in the house. Steven is co-author of 3 books:

Working with the Mental Capacity Act 2005 (3rd edition) ISBN: 978-0-9552349-5-8

Working with the Mental Health Act (4th edition) ISBN: 978-0-9931324-1-4

Deprivation of Liberty Safeguards (DoLS) Handbook - 2nd edition (ISBN: 978-0-9931324-2-1)

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.