Undertaking Mental Capacity Assessment & Best Interests Decision Making


This one day programme aims to examine the Mental Capacity Act 2005, decision making and assessment of capacity for anyone working in health and social care in accordance with LCC’s policies, procedures, documentation and guidance

Who is the Course Aimed At?

Anyone working in Heath and social Care. A mangers module is also available

How Long is the Course?

One day

Objectives & Outcomes 

This will be achieved via presentation and discussion for the consideration and examination of the following:

• What the Act is all about in summary: making plans, making decisions, a universal test of capacity and a universal approach to making best interests decisions and finally, protection
• Why the Act was needed and Article 5 and Article 8 of the ECHR for professionals and protection for all who fell outside the scope of the MHA 83 – DoLs and LPS
• The Act’s Principles (s1)
• The s2 definition of a lack of capacity
• The Functional test of Capacity, evidencing this on balance of probability
• Making decisions in a person’s best interests and the Code of Practice
• LPAs, Court of Protection, Advanced decisions, Necessary goods and services and wilful neglect and ill treatment sections of the Act.
• The role of the IMCA service to support best interests decisions
• Case law, capacity and outcomes? Capability and risk management

By the end of the session participants will have gained an insight into the Mental Capacity Act, what it’s about and why it is so important for practice. They will have been introduced to the language of the Act so that they can begin to think about how the legislation protects professionals and service users alike.



Hello! We are able to offer the vast majority of our courses online in a virtual classroom via your preferred video conferencing platform. All of our course contents have been updated to reflect the current COVID-19 situation. To enquire about any of our courses to be delivered online please go to our ‘Contact Us’ page