The Interface between the Mental Health Act 1983 and the Mental Capacity Act 2005

Course Outline:

This one-day course explores the concept of capacity, mental capacity assessments and best interests decisions.

All healthcare professionals working with patients being treated under the Mental Health Act (MHA) 1983 should also understand the provisions of the Mental Capacity Act (MHA) 2005.

The MCA is an incredibly important piece of legislation which, provided the correct tests and procedures are followed, allows others to make decisions on behalf of those who lack the capacity to do so. Unfortunately, all too frequently, due to professionals failing to understand where the provisions of the MHA end and those of the MCA begin, vital decisions affecting patient care and treatment are either not made, made incorrectly or are made without regard to proper procedure.

This highly practical one-day course explores the concept of capacity, mental capacity assessments and best interests decisions. It then moves on to consider how and when the MCA should be used for patients who are detained under section in psychiatric hospital or being treated under a CTO in the community.

You will be introduced to the Deprivation of Liberty Safeguards and will discuss how and when an Independent Mental Capacity Advocate should be involved on the patient’s behalf.

Key Learning Outcomes:

• Be able to apply the key principles of the both the MHA and MCA to clinical practice
• Have the skills to make and document a mental capacity assessment
• Be able to reach balanced and informed best interests decisions
• Know when and how to involve an IMCA
• Learn the skills to navigate complex healthcare issues with patients who have mental health disorders, physical health problems and who lack the necessary capacity to make decisions as to their care and treatment for both
• Understand recent caselaw development which touch upon patient who lack the capacity to make key decision in psychiatric settings