Mental Capacity Act
Duration: Half Day
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Enquire NowCourse Overview
The Mental Capacity Act 2005 is one of the most important pieces of legislation in health and social care. It provides a legal framework for making decisions on behalf of individuals who may lack the capacity to make specific decisions for themselves — but only when this is genuinely necessary. For frontline staff, understanding the Act is not just a legal requirement; it is fundamental to delivering care that respects autonomy, dignity, and human rights.
This half-day course gives you a clear and practical understanding of the five statutory principles that underpin the Act, and explores how to carry out capacity assessments that are decision-specific, time-specific, and free from assumptions. You will learn what it means to act in someone’s best interests, who can make decisions and when, and how the Deprivation of Liberty Safeguards (DoLS) and the incoming Liberty Protection Safeguards (LPS) apply in practice.
Through real-world scenarios and group discussion, you will develop the confidence to apply the Mental Capacity Act in your day-to-day role — whether that involves supporting someone to make their own decisions, recording a capacity assessment, or recognising when a deprivation of liberty may be occurring. This course is essential for anyone working in regulated care services.
Course Aims
- Understand the purpose and scope of the Mental Capacity Act 2005
- Explain and apply the five statutory principles in everyday care practice
- Carry out a two-stage capacity assessment that is decision-specific and time-specific
- Understand what constitutes a best interests decision and who should be involved
- Recognise the role of Independent Mental Capacity Advocates (IMCAs)
- Identify when a deprivation of liberty may be occurring and the safeguards that apply
- Understand the key changes introduced by the Liberty Protection Safeguards (LPS)
- Document capacity assessments and best interests decisions accurately and lawfully
Course Content
- Introduction to the Mental Capacity Act 2005 — background, purpose, and who it applies to
- The five statutory principles — presumption of capacity, supported decision-making, unwise decisions, best interests, and least restrictive options
- The two-stage test of capacity — the diagnostic and functional tests explained
- Decision-specific and time-specific assessments — avoiding blanket judgements
- Best interests decisions — the checklist, consultation requirements, and record-keeping
- Lasting Powers of Attorney and Advance Decisions to Refuse Treatment
- The role of the Court of Protection and Independent Mental Capacity Advocates
- Deprivation of Liberty Safeguards (DoLS) — what constitutes a deprivation, the authorisation process, and conditions
- Liberty Protection Safeguards (LPS) — overview of the new framework and its implications for care providers
- Practical scenarios — applying the MCA to real situations in care settings