0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

MCA/DoLS on-site training

Even many years after the implementation of the Mental Capacity Act, there is still a long way to go to get it fully embedded in health and social care practice.

While the principles underpinning the Act are widely understood and welcomed, its implementation remains a challenge in a culture described by the House of Lords as still being “paternalistic” in health care and “risk averse” in social care.

The Court of Protection case law is fast moving, especially on the issue of deprivation of liberty and the implementation of the landmark ruling of the Supreme Court in Cheshire West.

Using a mixture of presentations, realistic case studies and interactive discussions, we can provide up-to-the-minute training to cover any or all of the following topics:

  • basic principles of the MCA – myths and misconceptions
  • assessment of capacity
  • best interests decision making
  • the role of IMCAs, LPAs, deputies, family and others in decision making
  • the balance of safeguarding and empowerment under MCA
  • specific decisions, such as capacity for sexual relationships, or medical treatment
  • the interface between MCA / DOLS and the Mental Health Act
  • deprivation of liberty post Cheshire West, use of the Deprivation of Liberty Safeguards, and Court of protection applications for deprivation of liberty in the community – the Re X streamlined process
  • potential liabilities and claims for unlawful deprivation of liberty – potential defences and valuation.

Training sessions can be anything from 30 minutes to a full day, and will be priced on a fixed fee basis according to your needs.

Our credentials

Acting for 150 local authorities, and 50 NHS bodies, Browne Jacobson is widely regarded as the country’s leading law firm for Mental Capacity Act and deprivation of liberty issues. We are in the top tier for Court of Protection work for public sector health and social care bodies in Chambers and Partners 2015.

Ben Troke, the head of our MCA / DOLS team, has helped to develop guidance for NHS England and the Department of Health on safeguarding and MCA / DOLS issues, as well as jointly writing guidance on the implementation of the Cheshire West judgment to deprivation of liberty in the intensive care setting.

We are closely involved in supporting the work of the Law Commission in their review of the law relating to deprivation of liberty, and contributed to the development of the “Re X” streamlined process. Our regular free MCA / DOLS case law update webinars have thousands of viewers all over the country, and our delivery of training in person has earned a national reputation.

Click here to download a printable version of this post