This is a one day in-depth exploration of the duties and responsibilities under the Mental Capacity Act 2005 for senior staff and managers.
To ensure senior staff and managers have a detailed understanding of the Act to enable them to guide and challenge front line staff on how to apply the MCA 2005 principles when assessing capacity and applying the best interests. The course will also explore how to record the assessments to provide senior staff and managers with the assurance they display sufficient rigour to justify their conclusion.
Key Learning Points
- Identify the basic principles of public law and the importance of knowing the limits of your authority as a public authority under the Act
- Recognise the importance of a human rights and equality based approach to applying the Act
- Ensure staff not only “do things right” lawfully but “do the right thing” from an ethical viewpoint to protect and promote human rights and practice defendable decision making on behalf of the public authority
- Evaluate good practice in the assessment and recording of capacity to ensure assessments are criteria focused, evidence based, person centred and non judgmental
- Understand the legal defence provided by section 5 of the Act for “routine decisions” and by section 6 for “routine decisions which include restriction and restraint” to ensure staff avail themselves of the protection in their everyday work and ensure that is translated into care planning
- Consider the complex dynamics of fluctuating and executive capacity and how to apply the Act to best practice standards to include detailed look at current case law
- Identify and apply best practice in assessing remotely during COVID-19 pandemic with a detailed look at current case law and policy
- Identify and apply best practice in applying the best interest checklist to include detailed look at current case law
- Understand the role of the LPA/Deputy/IMCA
- Recognise the importance of the DoL Safeguards
- Evaluate the consequences of getting things wrong