The Mental Capacity Act 2005 has been in force since 2007 and applies to England and Wales. The primary purpose of the Act is to empower, protect and support people who are unable to make some or any decisions for themselves by providing a framework which places those individuals at the heart of any decisions made about them.
The Mental Capacity (Amendment) Act 2019 will come into force in April 2022, its effect will be to remove the current Deprivation of Liberty Safeguards Authorisation system and introduce instead the Liberty Protection Safeguards. All adult social care professionals working with or caring for young people of 16/17 and adults must comply with the law and therefore understanding how to apply it to their practice is essential.
This course is aimed at social workers who work with adults. It has been designed to enable them to gain an overview and robust understanding of the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards and to be able to integrate them into day-to-day practice.
The course will look at the key principles of the Mental Capacity Act and covers:
- How capacity assessments are carried out
- What it means to act in someone’s “best interests”
- How to acquire a legal defence for any routine decisions or interventions made whilst arranging for or providing care and treatment for adults who lack the capacity to make them
- Identifying when decisions made on behalf of an adult without capacity have led them to become deprived of their liberty and what to do about it
Key Learning Points
- Understand how the Mental Capacity Act 2005 and the Mental Capacity (Amendment) Act 2019 applies to adults and how it should be integrated into day-to-day practice
- Examine the potential overlap between The Mental Health Act 1983 and the Mental Capacity Act 2005 and explain circumstances in which each could apply with consideration of relevant up to date case law
- Recognise when “mere” restraint, interventions go beyond “mere” restraint and into a deprivation of liberty
- When this happens, learn how to apply the current appropriate statutory framework under DoLS and, in the future, under the Liberty Protection Safeguards
- Consider and analyse a series of complex case studies to enable practitioners to apply their learning