*NEW* Restraint under the Mental Capacity Act after AGNI - 12 October 2026

Aims

Following the Supreme Court judgment informally known as AGNI, understanding restraint under the Mental Capacity Act 2005 has become even more significant. Whilst DoLS will no longer apply to thousands of people, the rules on restraint will still be applicable. Staff using the Mental Capacity Act will need to keep clear records on the use of restraint for the purpose of inspections and in the event of any legal proceedings.

This new event from Edge will go through the legal basics of how to lawfully restrain someone under the Mental Capacity Act. It will explain the different forms of restraint that could come within the legal definition (physical or chemical) and the necessary legal assessments required to make this lawful. The course will also cover the legal defence available to those carrying out lawful acts of restraint, and consider how this applies in different settings and to different professional groups and the necessary recording required. The course will also consider a number of court cases and practical case studies on restraint under the Mental Capacity Act 2005.

Finally, the course will consider the limitations of the Mental Capacity Act and when an application to the Court of Protection may become necessary under the Act. 

Programme

The course will include the following key topics:

• Defining restraint under the Mental Capacity Act

• Acts that could be considered restraint:

  • physical

  • chemical

  • threats or coercion

• Preventing harm to the person themselves v harm to others

• The defence

• Recording

• When an application to the Court of Protection may be necessary

• Case Law examples

• Code of Practice- statutory guidance

• Case Studies/Examples in different settings:

  • Care homes

  • Hospitals

  • Mental health wards

  • Supported living

  • GPs/Practice nurses

  • Paramedics

  • Dentists

  • The police

 In order to commission this course for your organisation, please email admin@edgetraining.ort.uk

Note: The courses can be tailored to the needs of your particular organisational needs. 

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.

BOOKING INFORMATION:

• All Event Bookings must be made online with payment made in full by credit / debit card.  We do not send invoices/use Purchase Order numbers for Event Bookings for NHS delegates.   (This policy does not affect our commissioned bookings)

• Course access details will be emailed direct to delegate(s) upon completion of your booking.  

• Includes all course materials and a certificate. If you have any queries, please do not hesitate to email events@edgetraining.org.uk  or call 07341 277487.