The Mental Capacity Act and care and support decisions

10/9/2024 09:45 - 10:45

This session will consider the relationship between, on the one hand, the Mental Capacity Act 2005 and, on the other hand, the Care Act 2014 and Social Services and Well-being (Wales) Act 2014. These are both separate and overlapping areas of law and it is important that social workers are confident in applying the Mental Capacity Act to care and support decisions where relevant. The session will explore the relevant legislative framework and key case law on matters such as assessing capacity and best interests decision-making in the context of care and support.

Learning outcomes:

• How to assess capacity for care and support decisions
• Making best interests decisions in the context of limited public funding
• The process of care planning when the person lacks capacity

Tim Spencer-Lane, lawyer specialising in mental capacity, mental health and social care law