Practitioners often face the challenge regarding when to implement the procedures under the Mental Health Act 1983 or those provided for under the Mental Capacity Act 2005 to authorise a deprivation of liberty for those lacking capacity to consent to admission to psychiatric hospital, and the interface and overlap between the two procedures both in hospital and in the community.

Course Outline

This course explores this overlap regulated by the provisions of Schedule 1A of the Mental Capacity Act 2005 with a focus on both the relevant statutes, statutory codes of practice and case law to enable practitioners to decide when to use each procedure to authorise a deprivation of liberty in day-to-day practice.

Key Learning Objectives

• Explore an overview of the law in England and Wales, allowing individuals with mental health problems requiring assessment and treatment, to be admitted and detained in hospital and treated in the community.
• Understand the interface/overlap between the Mental Health Act 1983 and the Mental Capacity Act 2005 provided for in Schedule 1A, and be able to apply that knowledge to decide when to use each procedure to authorise a deprivation of liberty – both in hospital and in the community in day-to-day practice.
• Understand and apply the relevant statutory Codes of Practice.
• Identify and apply the relevant European and domestic case law.
• Consider and analyse a series of complex case studies to enable practitioners to apply their learning.