The Clinician in the Court of Protection

The Clinician in the Court of Protection

Full Day Training
9am Registration, 9.30am Welcome and 4.30pm, Close

Led by the Andrew Sims Centre specialist Mental Health Law Team Dr Nick Brindle, Consultant Old Age Psychiatrist and Mr Michael Kennedy, Director and Barrister for Mental Health and Court of Protection Departments at Switalskis Solicitors, this course aims to improve the skills of attendees in report writing and defendable practice in the court of protection.

The Court of Protection is the Court which has jurisdiction when it comes to the application of the Mental Capacity Act 2005. Whilst this Act and the Court is now ten years old, mental health and social care professionals are still learning how to approach its application and the provision of evidence to the Court. It is now extremely common for mental health professionals to be asked to write a ‘s.49 report’ for the Court. We know, anecdotally, that Trusts and individual practitioners are struggling to respond to these requests:
What, exactly, is the role of the Court? What, exactly, is a s.49 report? Why me, as I have no clinical involvement with the patient? I cannot understand what I am being asked to do, as the letter of instruction is very complex? What can I do, if I cannot provide the report in the time available?

This course aims to be very practical and approaches the day with a simple scenario in mind: ‘You have been ordered to prepare a s.49 report by the Court of Protection: how to approach this task’. In approaching this task, we will focus, in detail, on how to assess capacity to decide: where to live; whether to receive care; who to have contact with and other ‘health and welfare’ decisions.

Past Comments:
‘Speakers were brilliant, really relevant, helped bridge gap between court and services’
‘Excellent and interactive guidance on how to complete s49 reports'
'Excellent speakers – very clear, very sensible' 

Please note that the Andrew Sims Centre has a Reservation and Cancellation Policy.

To book on this event, please email the Andrew Sims Centre at and send us your name, course you are wanting to attend, contact number and a suitable time to call you. Otherwise, please do not hesitate to call us directly at 0113 85 55638.

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