The Functional Assessment of Capacity

This course facilitates an in – depth exploration of the guiding principles of the Assisted Decision Making (Capacity) Act 2015 (as amended) and the functional assessment of capacity.

It is important to recognise that assessing a person’s capacity is an intrusive process which should not be undertaken lightly. Research from other jurisdictions have demonstrated that poor quality assessments have had detrimental consequences on the lives of people who have been the subject of a capacity assessment. With this in mind the focus of this course is on giving due consideration as to whether one is required and where an assessment is completed using the assessment process to determine the supports required to make the decision and establish will and preference.

A key component of this course is the practical application of the law, participants are encouraged to work through typical examples of cases they encounter on a daily basis. The course content is based on the Codes of Practice of the Act,  The National Consent Policy, peer reviewed articles and case law from Ireland. In addition, case law is also explored from the jurisdiction of England and Wales entailing examples of good practice in building and assessing capacity as identified by presiding judges. The course importantly gives participants the skills, knowledge, and confidence to stand over a robust assessment of capacity according to the standards set out in law.