Module 1 - Putting values into practice: introduction to the Human Rights Act 1998

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. what the Human Rights Act (HRA) 1998 is

  2. what the European Convention on Human Rights (ECHR) 1950 is

  3. the relationship between the HRA 1998 and the ECHR 1950

  4. what each of Articles 2, 3, 5, 6, 8 and 14 of the ECHR 1950 means

  5. the impact of the HRA 1998 and ECHR 1950 on participants’ professional practice

  6. how to interpret the MCA 2005 in a way that complies with international human rights law

Cost: £265 ex. VAT

Please quote module code: DMHR01


Module 2 - Supported decision-making in practice

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. why it is important to respect autonomy in decision-making

  2. the features of valid consent

  3. why it is important identify the decision you want the person to make

  4. the need to support but not influence

  5. the significance of a person’s wishes

  6. why it is important to gather information from other people, such as family, friends and carers

  7. when an IMCA needs to be involved

Cost: £265 ex. VAT

Please quote module code: DMHR02


Module 3 - Advance decision-making

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the different ways people may plan ahead for a time when they may have difficulty making decisions

  2. the difference between an LPA for finances and an LPA for health and welfare

  3. what to check, to ensure an LPA is valid

  4. the difference between an advance decision and an advance statement

  5. what happens if a person makes no provision and later lacks capacity to make certain decisions

  6. what level of understanding a person needs to make and revoke an LPA

Cost: £265 ex. VAT

Please quote module code: ADV01


Module 4 - Lasting Powers of Attorney

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the purpose and effect of an LPA instrument

  2. relevant information relating to a person’s:

    1. capacity to make an LPA

    2. capacity to revoke an LPA

  3. specific information relating to a person’s:

    1. capacity to make an LPA

    2. capacity to revoke an LPA

  4. how (un)reported case law helps to develop an understanding of these areas

Cost: £265 ex. VAT

Please quote module code: ADV02

Module 5 - Assessing capacity

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the components of the test for mental capacity under the MCA 2005

  2. the assessor’s starting point

  3. the meaning of the term ‘burden of proof’

  4. the meaning of the term ‘standard of proof’

  5. how to treat unwise or eccentric decisions

  6. the meaning of the term ‘salient factors’

  7. the role of the common law in shaping our approach to the MCA 2005 

Cost: £265 ex. VAT

Please quote module code: AC01


Module 6 - Getting it right: fluctuating capacity, influence and duress

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the time and decision specific nature of mental capacity

  2. the fact that lack of capacity may be temporary or permanent

  3. what you need to do when a person’s mental capacity fluctuates

  4. the significance of causation in a practical and legal sense

  5. how to identify the presence of other causative factors, such as undue influence and duress, when assessing mental capacity

  6. what the presence of these other factors means for the capacity assessment

Cost: £265 ex. VAT

Please quote module code: AC02


Module 7 - Assessing capacity: risk and record keeping

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. what risks going wrong when an assessment of capacity is not recorded fully

  2. What an evidence-based capacity assessment should contain

  3. what the assessor can do to ensure a consistent approach to assessing capacity

  4. what a compliant record of a capacity assessment should include

Cost: £265 ex. VAT

Please quote module code: AC03


Module 8 - Assessing capacity: don’t let the tail wag the dog

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the importance of establishing a sound basis for lack of capacity

  2. the relationship between mental capacity and mental ill health

  3. the importance of causation

  4. the danger of conflating capacity and best interests

  5. the role of the common law in shaping our our approach to the MCA 2005

Cost: £265 ex. VAT

Please quote module code: AC04


Module 9 - Assessing capacity: tenancy agreements

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the “salient factors” in relation to a person’s capacity to relinquish one tenancy agreement and enter into another

  2. the distinction between capacity to enter into a contract and best interests

  3. the importance of causation when assessing mental capacity

  4. the issue specific nature of mental capacity

  5. the role of the common law in shaping our approach to the MCA 2005

Cost: £265 ex. VAT

Please quote module code: AC05


Module 10 - Assessing capacity: what’s love got to do with it?

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the “salient factors” in relation to assessing a person’s:

    1. capacity to marry, including the capacity to understand the financial implications of marriage

    2. capacity to enter into sexual relations

  2. factors which are not relevant to capacity to consent to sexual relations, and the reason why

  3. the role of the common law in shaping our approach to the MCA 2005

Cost: £265 ex. VAT

Please quote module code: AC06


Module 11 - Social media and internet use: capacity and best interests

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the “salient factors” in relation to assessing a person’s:

    1. capacity to use the internet

    2. capacity to engage specifically in social media

  2. the best interests approach to engaging online

  3. the role of the common law in shaping our approach to the MCA 2005

Cost: £265 ex. VAT

Please quote module code: SM01


Module 12 - Making best interests decisions (part 1)

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the approach to best interests decision-making under the MCA 2005

  2. the difference between “objective best interests” and “substituted judgment”

  3. how a person’s wishes should inform best interests decision-making

  4. the importance of taking into account the views of other people

  5. the role of the common law in shaping our approach to the MCA 2005

Cost: £265 ex. VAT

Please quote module code: BI01


Module 13 - Making best interests decisions (part 2)

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the approach to best interests decision-making under the MCA 2005

  2. the factors that need to be taken into account, when determining a person’s best interests

  3. how a person’s wishes inform best interests decision-making

  4. the need to respect confidentiality

  5. the role of the common law in shaping our approach to the MCA 2005

Cost: £265 ex. VAT

Please quote module code: BI02


Module 14 - Making best interests decisions (part 3)

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the difference between a decision-maker and consultee

  2. how best interests is used in medical treatment cases

  3. how best interests is used in living arrangements cases

  4. what you need to record, in order to comply with the MCA 2005 and the MCA Code

Cost: £265 ex. VAT

Please quote module code: BI03


Module 15 - Capacity, best interests and religious observance

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the approach to best interests decision-making under the MCA 2005

  2. the factors that need to be taken into account, when determining whether religious observance is in the best interests of a person who lacks capacity

  3. the weight to be given to various factors, including the views of other people

  4. the role of the common law in shaping our approach to the MCA 2005

Cost: £265 ex. VAT

Please quote module code: BI04


Module 16 - Deprivation of liberty: indicators and authorisation

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the relationship between restraint / restriction and deprivation of liberty

  2. the test for a deprivation of liberty

  3. the factors that point towards a restriction upon liberty

  4. the factors that point towards a deprivation of liberty

  5. the principal ways to authorise a deprivation of liberty for a person under the MCA 2005

Cost: £265 ex. VAT

Please quote module code: DL01


Module 17 - Deprivation of liberty: community

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the test for a deprivation of liberty

  2. the power of the Court to authorise a deprivation of liberty of a person under the MCA 2005

  3. how the Court approaches an application to authorise a deprivation of liberty in:

    1. a person’s own home

    2. a home-like environment

    3. supported living in the community

  4. the importance of attribution of responsibility of the state (local authority, NHS)

Cost: £265 ex. VAT

Please quote module code: DL02


Module 18 - Deprivation of liberty: challenges

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. the need for a deprivation of liberty to be in a person’s best interests

  2. why the relevant person has a right to challenge a deprivation of liberty authorisation, however authorised

  3. the relationship between sections 5 (acts), 16 (welfare orders) and 21A (orders in relation to a deprivation of liberty authorisation) of the MCA 2005

  4. how the Court may approach an application for a welfare order advanced as a challenge to a deprivation of liberty authorisation made under section 21A

Cost: £265 ex. VAT

Please quote module code: DL03


Module 19 - Liberty Protection Safeguards

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. what the new Liberty Protection Safeguards (LPS) are 

  2. the purpose behind the new LPS

  3. the impact of the new LPS for people who use services

  4. how the new LPS will operate in practice

  5. how to prepare for the new LPS

Cost: £265 ex. VAT

Please quote module code: LPS01


Module 20 - Liberty Protection Safeguards for care home managers

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. what the Liberty Protection Safeguards (LPS) mean for care home managers and staff

  2. the processes that need to be in place, to comply with the Liberty Protection Safeguards

  3. how to avoid conflicts of interest in the commissioning of assessments

  4. who needs to be consulted, when and why

  5. what to do, if a resident objects to the arrangements for their care

  6. how to minimise the risk of legal liability

Cost: £265 ex. VAT

Please quote module code: LPS02


Module 21 - Deprivation of liberty: children and young people

Duration: 2 hours

Group size: 16

Levels: 2, 3 and 4

By the end of this module, participants will be able to describe and give an example of:

  1. deprivation of liberty and parental responsibility (under 16 years)

  2. deprivation of liberty and parental consent (under 16 years)

  3. deprivation of liberty and parental consent (16 and 17 years)

  4. the changes under the Mental Capacity (Amendment) Bill

Cost: £265 ex. VAT

Please quote module code: DL04