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  1. Continuing Professional Development
Study at City

Mental Capacity (welfare) Accreditation CPD

Key information

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Course overview

This two-day course has been designed by The City Law School in conjunction with The Law Society
and prepares delegates with the knowledge and skills to apply for formal assessment to gain access
to the panel of Accredited Practitioners and the Court of Protection’s panel of Accredited Legal Representatives.Law Society logo


Day one of the training will focus on the black letter law and incorporate group activities to test candidates’ legal knowledge, including key legislative developments. This will cover, in particular, The Court of Protection Rules 2017, current practice and procedure, key developments in case law, funding and the impact of the Case Management Pathways upon daily practice.

Day two will be skills-based and incorporate case-studies which will require candidates to apply their knowledge of the black letter law, professional conduct issues and the practical skills
required for representing vulnerable clients who lack capacity.

Candidates will be divided into small groups to work on the case studies and will feedback to the larger group.

For further information, you can also contact The Law Society.

Course outcomes

Course outcomes

Learning outcomes of the course will ensure candidates:

  • Demonstrate that they can consolidate their knowledge of current  mental capacity law and procedure and have an in-depth understanding of the Court of Protection practice and procedure;
  • Demonstrate broad background knowledge of areas of law relevant to advising and representing clients who may lack capacity under the MCA, including mental health law, community care, human rights law and relevant law applicable in Wales;
  • Demonstrate that they apply their knowledge in a practical and appropriate manner which is in the best interests of “P” and that they can represent P effectively in Court of Protection proceedings; and
  • Demonstrate that they are aware of “P”’s needs, with particular reference to their vulnerability arising from an impairment or disturbance of their mind or brain.

Assessment

Assessment

Preparation for Assessments

The course content and delivery will ensure that the knowledge and practical skills required to meet specified learning outcomes are provided and embedded.  The methods of delivery will require candidates to be participative. This will provide practical learning opportunities for candidates to enhance their skills when working with “P” and all other parties involved in proceedings.

The multiple choice testing at the end of the course will be aligned with the learning outcomes and will, therefore, assess whether candidates apply their knowledge to facts appropriately and make decisions which ensure that “P’s” best interests are met.

Taking the Assessment

Our assessment is designed to ensure that potential Solicitors wishing to appear on the panel are properly equipped to perform at the level required when appearing in court, and successful candidates will know that they have achieved a high standard in the skills required as set out by The Law Society. They will be well prepared to appear in court and will feel confident to do so. The assessment itself comprises:

A two-hour written assessment to deal with the knowledge elements, comprised of multiple choice questions and a drafting exercise.

The training and MCT assessment are designed specifically to prepare candidates in advance of the formal application process which they can then apply for through The Law Society.

Accreditation & non accreditation

This accreditation has been designed to prove your experience to prospective clients and their relatives in representing the needs of vulnerable clients. It has been developed in conjunction with, and approved by, the Court of Protection, pursuant to Rule 3A and Rule 6 of the Court of Protection Rules to provide accredited legal representatives

The accreditation is open to legal practitioners, including solicitors, barristers and fellows of the Chartered Institute of Legal Executives, who offer advice on health and welfare matters under the Mental Capacity Act 2005. 
There is no minimum entry requirement for time spent practising in this area. You will be asked to demonstrate your experience working in this field over three years prior to application. If you have less experience you can still apply provided you can meet the required competences.

Please note - This course is the mandatory training course that is required for you to apply for accreditation. However, this course alone does not qualify you for accreditation

For more information, please visit - The Law Society

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