Applying the Mental Capacity Act 2005 in Education: A Practical Guide for Education Professionals

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:
Acknowledgements. Prolegomenon: The importance of the SEND COP Annex 1. Part 1: The Mental Capacity Act (MCA) 2005. 1. Introduction. 2. The MCA five principles. 3. Mental capacity and to lack capacity. Part 2: Assessing a young person's mental capacity. 4. 'More serious and significant decisions'. 5. 'Legal consequences' decisions: appealing to the SEND tribunal. 6. Additional considerations for Educational Psychologists (EPs). Part 3: Education Professionals, the young person and their family. 7. Resolving disagreements about the outcome of a mental capacity assessment. 8. 'Best interests' and 'best interest' checklist. 9. Supporting and working with parents. Epilogue: Putting the MCA principles and processes into practice - food for thought. Glossary. Appendix 1: Capacity assessment record form. Appendix 2: Best Interests. Appendix 3: What young people can legally do from the age of 16 years. References and resources. Subject index.

About the Author :
Jane L. Sinson is an HCPC registered educational psychologist. She has undertaken capacity assessments of adults in Care Proceedings and presents training on the Mental Capacity Act and capacity assessments in education. She worked as a local authority educational psychologist for 20 years, prior to which she worked as a special needs teacher in a range of mainstream, resourced and special schools.

Review :
Education professionals have found the area of mental capacity in education a huge challenge. This book is the answer to their prayers. It lays out a complex area of law and practice in a simple and easy to understand way, while still ensuring that it not does not miss any of the complexities between the law and good educational practice in this area. It deserves an audience beyond the education professional and will be useful to practitioners and advisors across the special educational needs sector. This book is clear and informative. It offers practical examples to develop the reader's understanding of the importance of the Mental Capacity Act and its interplay with the SEND Code Of Practice. It should be essential reading for education staff, Local Authority staff including SEN officers as well as social service staff and health professionals who work with children and young people in educational contexts from Key Stage 4 onwards. This book succinctly and concisely outlines the Mental Capacity Act for professionals who work in education. Practical suggestions, further reading and how the Mental Capacity Act fits into wider Special Educational Needs and Disability reforms are offered, discussed and illustrated through authentic scenarios. A highly relevant and timely book for educational psychologists.