2017 Guide to the Mental Capacity Act 2005 & the Deprivation of Liberty Safeguards

2 CPD Hours

Competencies/Learning Objectives - Legal knowledge and skills, Working with clients and others

This course provides an introduction and overview guide to the Mental Capacity Act 2005 and the deprivation of liberty safeguards. Designed for all practitioners, and relevant to all practice areas, as the issue of mental capacity can apply in every sphere, course author Lucy Series guides you carefully through this complex but vitally important area of law.

By the end of the course you should be able to:

  • Understand what mental incapacity means in practice.

  • Identify when a client may lack the capacity to litigate.

  • Appreciate the types of decisions which can be taken on behalf of a person lacking mental capacity.

  • Identify the types of forward planning which can be put in place (LPAs, Deputyship and Advance Decisions).

  • Understand the work of the Court of Protection.

  • Understand the background to the deprivation of liberty safeguards and the basics of their operation.

  • Be aware of recent and future developments in the Mental Capacity Act 2005, the deprivation of liberty safeguards and the Court of Protection.

Dated: January 2017

About the author:

Lucy Series is a Research Associate at Cardiff Law School. Her research interests include legal capacity, community care and disability rights. Her current research focuses on the Court of Protection.  Lucy completed her doctorate in Law at Exeter University; her thesis examined the Mental Capacity Act 2005 and the deprivation of liberty safeguards. In addition to her academic research she has run training workshops for legal, health and social care professionals, carers and advocates on mental capacity, community care law and human rights.  She has written for Community Care magazine, Local Government Lawyer and The Guardian newspaper on mental capacity law and she writes a blog at thesmallplaces.wordpress.com.

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