Applying the Mental Capacity Act 2005 in Education

A Practical Guide for Education Professionals

Jane L. Sinson

• Publisher: Jessica Kingsley Publishers
• Year: 2016
• ISBN:
  9781784502409
• Topic: Law
• Subtopic: Labour & Employment Law
• Index: Law

This straightforward book explains the introduction of the Mental Capacity Act 2005 (MCA) and its code of practice (COP) as part of the Children and Families Act 2014 and the accompanying SEND COP in England.

This is the first comprehensive book to explain to education professionals the legal requirement to follow the MCA COP and SEND COP guidelines when formally considering a young person's (16 - 25) capacity to make decisions about their education. Using education-focussed case studies throughout to illustrate key points, this practical guide explains the MCA five principles, defines the term 'mental capacity' and clarifies the circumstances in which a young person would lack capacity to make a decision. It describes when a capacity assessment is likely to be required and presents a step-by-step guide to undertaking a capacity assessment.

This is the essential guide to the MCA for FE college tutors, post 16 teachers, specialist teachers, local authority SEN officers and educational psychologists.

Table of contents

• Cover
• Of Related Interest
• Title Page
• Copyright
• Contents
• Acknowledgements
• Prolegomenon - The Importance of the SEND COP Annex 1
• PART 1 - THE MENTAL CAPACITY ACT (MCA) 2005
• PART 2 - ASSESSING A YOUNG PERSON’S MENTAL CAPACITY
• PART 3 - EDUCATION PROFESSIONALS, THE YOUNG PERSON AND THEIR FAMILY
• Epilogue - Putting the MCA Principles and Processes into Practice
• Glossary
• Appendix 1 - Capacity Assessment Record Form
• Appendix 2 - Identifying Which Young People May Be Considered to Lack Capacity
• Appendix 3 - ‘Best Interests’
• Appendix 4 - What Young PEOPLE Can Legally Do from the Age of 16
• References
• Resources
• Index