The Mental Capacity Act 2005: Where are we Now?

Thursday 10 March 2011, 2:00pm

Date: Thursday 10 March 2011
Time: 2:00pm

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Please note that this event is now fully booked and we are unable to take further bookings
If you are still interested, you may contact the seminar administrators, Professional Briefings by emailing and you will be added to the waiting list if further places become available.

Half-day seminar on conducting health and welfare cases in the Court of Protection: an accessible and cost-effective guide and update for practitioners

Topics to be covered include:

  • Personal welfare applications: powers, practice and procedure
  • Recent developments in assessing capacity and best interests decision making
  • Deprivation of liberty: recent case-law and current issues
  • The jurisdiction in respect of 16-18 year olds

The seminar will focus in particular on recent developments and case law, so that you feel confident practising even in this rapidly developing area of law.

The speakers are members of the Garden Court Court of Protection Team and all are experienced practitioners in one or more of the following areas: Court of Protection, community care law, family law and mental health law.



Powers, practice and procedures in the Court of Protection

  • Personal welfare decisions and appointments of deputies: when an application to the court should be brought
  • Bringing a personal welfare application: urgent applications; involving the Official Solicitor; injunctions and interim orders; Independent Mental Capacity Advocates; experts; costs
  • Changes to the rules and practice directions (the recommendations of the Rules Committee)

Incapacity and best interests: key principles and recent developments

  • Who should assess capacity; obtaining the evidence
  • Capacity in specific contexts e.g. medical treatment and sexual relations
  • Best interests decision making; who should decide? (G v E and Manchester CC)
  • Adults who are near to having capacity
15:20 Question and Contribution Session
15:30 Coffee Break

Deprivation of liberty of persons lacking mental capacity

  • Identifying a deprivation of liberty (including in a care home, supported/independent living setting, family home (A local authority v A; Re MIG and MEG))
  • When to apply to the Court of Protection for authorisation of a deprivation of liberty; involvement of police, sedation; reviews; the interaction with the MHA 1983
  • The Deprivation of Liberty Safeguards (DOLS): current issues

Young people aged 16-18

  • The jurisdiction of the Court of Protection and the family courts

The international element

  • The Convention on the International Protection of Adults (Schedule 3, MCA 2005)

The inherent jurisdiction of the High Court in relation to vulnerable adults

  • Adults who are vulnerable but who do not lack capacity under the MCA 2005 test - the scope of this jurisdiction and recent developments
17:10 Question and Contribution Session
17:20 Close of Seminar
Delegates are invited to join the speakers and other members of Chambers for refreshments





Bethan Harris, Stephen Simblet, Tim Baldwin and Rachael Rowley-Fox

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