The Covid-19 pandemic has had significant implications for practice under the Mental Capacity Act, despite there having been no change in the law. On the one hand, people who may lack capacity to make relevant decisions have been disproportionately represented among those at significant risk from the disease or from the severest restrictions brought in to tackle its spread. On the other, practitioners have had to significantly change their ways of working because of social distancing measures, creating additional challenges for the conduct of capacity assessments or best interests decisions.
This session will review learning and experience from the pandemic to date to inform future practice, both under Covid-19 and beyond, focusing on:
- Carrying out capacity assessments in adverse circumstances, including guidance on remote assessments and reliance on previous assessments.
- Taking all practicable steps to support decision making in the context of social distancing and shielding.
- Best interests decision making in relation to issues including contact between loved-ones, safeguarding and end-of-life care.
- Working under an imperfect code of practice.
Please note there is a fee of £15 + VAT to reserve your place at this session if booked in advance. Places can be booked on the day of the event for £18 + VAT.
Alex Ruck Keene, barrister, 39 Essex Chambers
