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

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

Please quote module code: DMHR01

Module 2 - Autonomy, capacity and consent

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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. how to support people to make their own decisions

Please quote module code: DMHR02

Module 3 - Advance decision-making

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

Please quote module code: ADV01

Module 4 - Introduction to deprivation of liberty

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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 meaning of the objective component;

  3. the factors that point towards a deprivation of liberty in a range of scenarios;

  4. the process, in overview, to authorise a deprivation of liberty for a person in a care home setting; and

  5. the safeguards that exist for a person under the Deprivation of Liberty Safeguards (DoLS) scheme, in overview.

Please quote module code: IDOL01

Module 5 - Assessing capacity

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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 

Please quote module code: AC01

Module 6 - Fluctuating capacity, influence, duress

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

Please quote module code: AC02

Module 7 - Recording a mental capacity assessment

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

  5. how to use the service’s own template to record a mental capacity assessment

Please quote module code: AC03

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

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

Please quote module code: AC04

Module 9 - Court of Protection and the Office of the Public Guardian

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

  1. the role and responsibilities of the Court of Protection

  2. the role and responsibilities of the Public Guardian

  3. how the Court of Protection protects people who lack capacity, particularly in relation to its approach to best interests

  4. the range of orders that the Court can make y

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

Please quote module code: CP01

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

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

Please quote module code: AC05

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

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

Please quote module code: SM01

Module 12 - Making best interests decisions under the Mental Capacity Act 2005

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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. how to use a balance sheet approach to make a best interests decision about residence

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

Please quote module code: BI01

Module 13 - Capacity, best interests and religious observance

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

Please quote module code: BI02

Module 14 - Understanding the Deprivation of Liberty Safeguards

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

Please quote module code: DL01

Module 15 - Understanding deprivation of liberty in the community

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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)

Please quote module code: DL02

Module 16 - Understanding deprivation of liberty: 21A challenges

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

Please quote module code: DL03

Module 17 - Introduction to the Liberty Protection Safeguards

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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

Please quote module code: DL04

Module 18 - Deprivation of liberty: children and young people

Duration: 2.5 hours

Group size: 16

Levels: 2, 3, 4 and 5

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) Act 2019

Please quote module code: DL05