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Mental capacity , Client care | Accreditation

Mental Capacity (11-12 October 2022)

2 daysAdvanced

This two-day course has been designed to equip candidates to prove their experience to prospective clients and their relatives in representing the needs of vulnerable clients. It has been developed in conjunction with the Law Society to prepare candidates for applications to become accredited legal representative (ALRs) or accredited practitioners under the Mental Capacity (Welfare) Accreditation scheme.

The virtual classroom sessions on the first day will be delivered by Angela Jackman QC (Hon), an Accredited Practitioner under the Law Society’s Mental Capacity (Welfare) Accreditation Scheme, and Lynny Turner, a mental health nurse. Angela Jackman will be joined on the second day by Stephen Cardinal, Senior Associate in Irwin Mitchell’s Public Law & Human Rights department – a specialist in health and welfare cases.

The course is also open to candidates who wish to obtain an overview of mental capacity law and practice and who do not intend to apply for accreditation. View the full programme.

Who this is for

Junior lawyers, Small firms lawyers, Solicitors.

Required prior knowledge

No prior knowledge is required for candidates who are not seeking accreditation.

Those who are seeking subsequent accreditation are expected to have substantial working knowledge of mental capacity law and practice and to be experienced practitioners in order to meet the requirements of the accreditation application process. Course content is designed to consolidate knowledge for candidates who subsequently seek accreditation.

Learning outcomes

SRA competence: A1  +13 more for SRA competence: A1, A2, A4, A5, B1, B4, B5, B6, B7, C1, C2, C3, D1, D2

By the end of this course you will be able to:

  • Demonstrate and apply your knowledge in a practical and appropriate manner which is in the best interests of the patient.
  • Represent the patient effectively in Court of Protection proceedings and maximise their participation.
  • Demonstrate an awareness of patients’ needs, with particular reference to their vulnerability arising from an impairment of, or disturbance in the functioning of their mind or brain.
  • Demonstrate consolidated knowledge of current mental capacity law and procedure and have in-depth understanding of CoP practice and procedure.
  • Demonstrate broad background knowledge of areas of law relevant to advising and representing clients who may lack capacity under the Mental Capacity Act 2005, including mental health law, community care, human rights and relevant law applicable in Wales.
What this will cover
  • Identification of basic psychiatric concepts and the associated implications for you as a legal practitioner.
  • Legislative review.
  • Update on COP procedure and practice.
  • Update on community care law aspects of CoP proceedings.
  • Representing the patient in the proceedings.
  • Representing other parties in the proceedings.
  • Professional conduct, confidentiality and conflict of interest.
  • Funding and costs.

View the full programme of the two-day course.

How you will learn

Delivery will be through interactive teaching and group exercises.

The course is interactive so you will be answering questions and participating in case study groups.

At the end of the two day course, you will take an informal quiz to embed your learning and to facilitate discussion in the final session. The results will not be taken into account for any subsequent accreditation applications.