The Mental Capacity Act 2005 is a critical piece of legislation, employed every day by social care practitioners to help people aged 16 and over make decisions about their lives or, where they cannot, ensure decisions made about them are in their best interests.
But with case law and practice contexts continuing to evolve, staying up to date with the MCA is vital to ensuring legal literacy in social work and occupational therapy.
Following a highly successful event in Manchester, Community Care is bringing its Mental Capacity Masterclass to London, on 10 July 2024, so that more professionals can increase their confidence and capability when using the act.
‘Some of the best training I have ever attended’
Feedback that we received from our Manchester event included the following:
- “Some of the best training that I have ever attended.”
- “A seminar by the very best in the business.”
- “The most informative and exciting learning event I have attended in many years.”
- “I’m a locum and paid for this conference out of my own pocket and felt it was money well spent.”
If you book your place for our London event by 21 May, you can take advantage of our early bird rate of £295 + VAT.
Leading mental capacity lawyer, and Community Care Inform legal editor, Tim Spencer-Lane will open the day with an update on the latest MCA case law.
Handling complex cases
He will also provide guidance on handling cases involving complex capacity assessments and best interests decisions.
Tim will be followed by 39 Essex Chambers barrister and legal trainer Neil Allen, who will deliver a session on the application of the act to hoarding cases.
Neil will draw upon the judgment in AC and GC (Capacity: Hoarding: Best interests) [2022] EWCOP 39, the first Court of Protection ruling on hoarding, in which he appeared.
He will cover, among other things, the relevant information for the purposes of a capacity assessment when it comes to a person making decisions about their items and belongings, and what happens when the right to private and family life (Article 8) under the European Convention of Human Rights is engaged.
Executive functioning difficulties
Neil will also deliver the next session, on the challenge of conducting capacity assessments of people with executive functioning difficulties. In such cases, a person may appear to have capacity to make a decision but may not, in practice, be able to carry the decision out.
He will highlight the importance of using real-world observations, in some contexts, and focusing on the person’s ability to use and weigh information as part of the capacity assessment.
After lunch, Ben Troke, author of A Practical Guide to the Law on Deprivation of Liberty (Law Brief Publishing), will examine the state of the law on deprivation of liberty.
Ben, who is a partner at the firm Weightmans, will look at how to understand deprivations of liberty in context and the importance of focusing on a person’s rights to private and family life, as well as to liberty.
The final session will be on capacity and consent to sexual relations and marriage, with a speaker due to be confirmed shortly.
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