Linda Spencer, Steve Hardy, Theresa Joyce

Mental Capacity and Consent in Learning Disability 2nd ed.

Training pack

A training pack and resource for managers, support staff and professionals to develop good practice in assessing capacity and making best interests decisions

Coming Summer 2020




This best-selling training pack and resource has been updated and extended since the first edition (entitled ‘The Mental Capacity Act and People with Learning Disabilities’). It has been specifically written to support health and social care professionals in understanding the relevant legislation, in particular the Mental Capacity Act (2005) and Deprivation of Liberty guidelines, how it specifically relates to people with learning disabilities, and the roles and responsibilities of those supporting and working with individuals. The aim is to develop good practice in defining and assessing capacity and making best interests decisions, while safeguarding the rights of and empowering people with learning disabilities. The new edition now covers areas that have developed since the Act was first introduced and resources that were not available at the time the first edition was published.

The user-friendly, flexible materials can be used to deliver training or as a valuable resource in discussing the assessment of an individual’s capacity to make an important decision. Wherever possible, each session includes relevant case law and case studies that can help the learner to better understand the relevant legislation and put it in the context of everyday practice. The pack includes a range of different resources that can be used for short one-off sessions which address a particular issue that might have arisen in a service, through to a 2 ½ day programme to develop staff understanding of the law and the implications for their service and practice over a number of sessions. It can be used with single or mixed groups of support staff, managers and professionals.

Features of new edition include
• sessions of training for support staff
• guidelines to run a full 2 ½ day programme for managers and professionals, as well as shorter sessions
• updates on the application of the Mental Capacity Act (2005) that have emerged from the Court of Protection
• summary of the forthcoming Liberty Protection Standards (LPS) legislation, which will replace existing Deprivation of Liberty Safeguards (DoLs)
• signposting to trainers to discuss local policies and procedures
• additional resources that can be used following the training session




Publishing Date: Summer 2020


The pack includes full guidance with case studies, plus online printable worksheets and slides to support the following sessions:

1. Introduction to the Mental Capacity Act (2005)
2. Capacity, incapacity and enhancing capacity
3. Assessing capacity
4. Making best interests decisions
5. Roles, bodies and safeguards
6. Deprivation of liberty


The pack can be used by anyone who works with people who have learning disabilities, or whose job might bring them into contact with adults with learning disabilities, including:
• Providers of supported housing, shared lives, day services,
• Independent sector providers,
• Local authority departments such as assessment and review teams,
• Adult and learning disability safeguarding teams
• NHS hospital, community and social care trusts
• Learning disability liaison nurses
• Community and outreach teams
• Primary care
• Specialist education providers.


Steve Hardy and Theresa Joyce with Linda Spencer

Steve Hardy was formerly the education and training lead at the Estia Centre, South London and Maudsley NHS Foundation Trust. He is a registered nurse in learning disabilities and has worked in mental health and challenging behaviour services for people with learning disabilities for 20 years. He has widely published in these areas and he is the co-editor of the journal Advances in Mental Health and Intellectual Disabilities.


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