Mental Capacity and Deprivation of Liberty of Young People (16 and 17 year olds)

Course Outline:

This course is aimed at social workers who work with older children. It has been designed to present an overview of the Mental Capacity Act 2005. Delegates will gain a robust understanding of the Act which is essential where there is a Deprivation of Liberty for Young People and/or 16/17 year olds.

When considering 16/17 year olds, the course will look at the key principles of the Mental Capacity Act and will cover:

  • 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 Young Person and/or 16/17 year olds who lack the capacity
  • Identifying when decisions made on behalf of Young People and/or 16/17 year olds without capacity have led to them being deprived of their liberty and what to do about it

When considering Deprivation of Liberty, the course will consider the circumstances that result in restrictions being placed upon the Young Person and/or 16/17 year old by exploring:

  • Parental responsibility
  • Voluntary accommodation
  • Care orders/care plans
  • Section 25 of the Children Act 1989 – Secure Accommodation Orders
  • Section 100 of the Children Act 1989 – Inherent Jurisdiction
  • The Mental Health Act 1983

Key Learning Outcomes:

  • Understand how the Mental Capacity Act 2005 applies to Young Person and/or 16/17 year olds and how it should be integrated into day-to-day practice
  • Examine the potential overlap and tension that can exist between the Children Act 1989, the Mental Health Act 1983, The Mental Capacity Act 2005
  • Recognise when “mere” restraint interventions go beyond “mere” restraint and become a ‘Deprivation of Liberty’
  • Identify the different circumstances that lead to a Young Person and/or 16/17 year olds being deprived of their liberty
  • Consider what conflicts there could be between the wishes of the Young Person and/or 16/17 year olds, the family, carers and professionals
  • Consider and analyse case law in this complex area
  • Apply the learning to a case study to enable social workers to build confidence

Course Details:

  • Duration and CPD: 1 day | 6 hours
  • In-house course format and fee: Virtual or face-to-face | Call for details

Please call 020 7549 2549 or email info@bondsolon.com to discuss or book an in-house course.