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YOUNG PEOPLE AND THE MENTAL CAPACITY ACT 2005 BY LPS LAW LTD

Course content

This one-day interactive online course offers those attending the opportunity to enhance their knowledge of the Mental Capacity Act 2005 and deprivation of liberty issues for those aged 16 and over, and to familiarise themselves with the implications of the Supreme Court’s decision concerning ‘MIG’ and ‘MEG’ for those involved with looked after children. In addition to the use of case studies to assist learning, participants will be encouraged to identify their own legal and practice issues for discussion. Amongst the areas to be considered will be the following:

  • The MCA statutory principles;
  • Assessing Gillick competence of children and mental capacity of young people and parents;
  • Scope and interface with parental responsibility;
  • Determining what is in an incapacitated person’s best interests;
  • Determining when a child or young person is deprived of their liberty following the Supreme Court’s decision;
  • Safeguards required under Article 5 ECHR for the thousands of young people being deprived of their liberty;
  • When to use the Court of Protection or the High Court's inherent jurisdiction and what is involved;
  • Introduction to the liberty protection safeguards (due to commence in 2022).

Learning objectives

By the end of the course, you will:

  1. Know the reasons for and the aims of the MCA;
  2. Have an awareness of the legal principles and how they work in practice;
  3. Be aware of the MCA tools locally available to assess mental capacity and best interests;
  4. Develop confidence in using the legislation to determine mental capacity and best interests, and documenting the same;
  5. Understand the difference between restricting movement and depriving liberty;
  6. Have a better understanding of when and how to access the Court of Protection.
  7. Have an overview of LPS;
  8. Be able to access further online resources to develop learning.

Costs and Practicalities

Delivery

Delegates are provided with a course eBook, set of slides, and any additional materials relied upon. An attendance certificate can also be provided. The courses are hosted online and delivered via Zoom which enables interactive plenary and small-group sessions to be facilitated, with further engagement achieved using Menti software. A link will be provided for participants in advance so the course can be accessed either via a webpage or the Zoom application. Zoom's enhanced security settings will be used.

Cost

Courses are available to both individuals and organisations. Individuals can book via Eventbrite, with discounts available to LPS members. Local authorities and other organisations can either book via Eventbrite or by emailing neil@lpslaw.co.uk so that an invoice and purchase order can be arranged. The cost for local authorities/health bodies/advocacy organisations depends upon whether an open or exclusive booking is made:

  1. Open bookings are for courses that are available for all individuals/organisations to attend: £950+VAT for up to 35 delegates (with costs of additional delegates to be agreed).
  2. Exclusive bookings are reserved for a particular organisation: £2000+VAT for up to 300 delegates.