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Case law and the process of assessing mental capacity

Author: Elmari Bishop and Tim Spencer-Lane

Updated Date: 2 April 2019

Publication Date: 7 April 2016

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Photo: tashatuvango/Fotolia

Introduction

Looks at court cases and picks out the implications for practice so that practitioners can ensure they are carrying out mental capacity assessments in a legally compliant way.

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Add item to CPD log

Title * Case law and the process of assessing mental capacity

Date * 10-07-2020 (dd-mm-yyyy)

URL https://adults.ccinform.co.uk/practice-guidance/case-law-and-the-process-of-assessing-capacity/

Learning

Use the boxes below to record what you have learned from this activity. The form below replicates that used by Social Work England on your online account, so that when you have to renew your registration you can include this as evidence of your continuing professional development. Everything you write will be stored in your Inform account from which you can copy the information into your Social Work England account, export all the information as a Word file or print it off.

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Incorporate feedback from a range of sources, including from people with lived experience of my social work practice.
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For more information, see Social Work England’s guidance on CPD.

Add item to PRTL log

Title * Case law and the process of assessing mental capacity

Date * 10-07-2020 (dd-mm-yyyy)

URL https://adults.ccinform.co.uk/practice-guidance/case-law-and-the-process-of-assessing-capacity/

Learning Use the boxes below to record what you have learned from this activity. Everything you write will be stored in your Inform account and you can export all the information as a Word file or print it off. When you have to renew your social work registration with Social Care Wales, you can include this as evidence of post-registration training and learning.

1. What have you learned from this activity?

2. How has it contributed to your practice?

3. How much time have you spent on this activity?

4. Next steps (any additional learning you need in this area)?

For more details, visit Social Care Wales

Citation

Full Harvard reference for this document:

Bishop, E and Spencer-Lane, T (2016, updated 2019) Case law and the process of assessing mental capacity. Practice Guidance.
Community Care Inform
[online]
https://adults.ccinform.co.uk/practice-guidance/case-law-and-the-process-of-assessing-capacity/
[accessed: 10 July 2020]

If you are directly quoting the author's own words from this document you must acknowledge that they are not your own words by putting them within quotes marks, reference the source in the text and then provide the full reference at the end of the document. For example:

In the text: Baim argues that "understanding adult attachment patterns can also help practitioners to more readily identify the behaviour patterns that the client uses to maintain safety and comfort and which also, in some cases, serve to keep the client stuck in behaviour that no longer serves them as adults". (Baim, 2015)

Full reference to insert at the bottom of the document: Baim, C. (2015) Using attachment theory to work with adults, Guide. Community Care Inform Adults [online]. Available at: https://adults.ccinform.co.uk/guides/guide-using-attachment-theory-work-adults/ [accessed: INSERT DATE HERE (eg 9 October 2015)]