Mental Capacity Act Assessment for the Courts

Mental Capacity Assessments for the Courts

Thursday 11th October 2018   |   18:00 – 21:00

Colomba London

£35 / £20 for associates

The courts have now considered questions of capacity on many occasions, sometimes giving guidance as to how the Mental Capacity Act should be applied in general terms, and sometimes applying it to particular factual scenarios. With reference to case law, this session aims to assist delegates in applying the Act in practice and produce robust capacity assessments that will withstand legal scrutiny.

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Areas of discussion:

  • Back to basics, the ‘sparkly principles’ as highlighted by Kings College NHS Foundation Trust v C [2015] EWCOP 18 
  • Defining a lack of capacity discussion of Heart of England NHS Foundation Trust v JB [2014] and case study 
  • The three key elements: – Functional test, diagnostic test and the causation nexus 
  • Common mistakes when applying the MCA 2005 in practice, evidence arising from the scrutiny of 300 assessments of capacity carried out by psychiatrists between 2016-2017 
  • The statutory checklist of best interests an ‘An objectively subjective test’, Briggs v Briggs [2016] EWCOP 53

This event will provide guidance for psychologists working as expert witnesses for the family, criminal and civil courts and tribunals. There will be time for Q&A and plenty of opportunity to share ideas with other experts over drinks afterwards.

About Dawn Revell AMHP and Independent BIA. Experienced Trainer in Mental Health and Mental Capacity Law

Dawn obtained professional status as a social worker over 20 years ago. Since 1996, she has worked extensively with adults who experience severe and enduring mental health problems and continues to practice as an Approved Mental Health Professional (AMHP) under the Mental Health Act 1983. She is a Best Interest Assessor under the Mental Capacity Act 2005. Dawn is a trained investigator for safeguarding adults and has responsibility for advising on complex safeguarding cases. Dawn is also trained and experienced in carrying out child protection investigations under Section 47 of the Children Act 1989.

During her career, she has also studied law at a postgraduate, professional level for 4 years. She has a keen interest in helping professionals understand the legal framework in which they operate and applying the law to practice.

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