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Applying the Mental Capacity Act 2005 in Education

Applying the Mental Capacity Act 2005 in Education

A Practical Guide for Education Professionals

Jane L. Sinson

Quick Overview

Providing clear guidance on mental capacity and its assessment in young people (aged 16-25) with special educational needs, this is the essential guide for education professionals on the incorporation of the Mental Capacity Act 2005 into the Children and Families Act 2014 and SEND Code of Practice.
Details Price Qty
Paperback / softback
2016, 8.98in x 6.18in / 228mm x 157mm, 248pp
ISBN: 9781785920028
2016, ePUB, 248pp
ISBN: 978-1-78450-240-9
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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.


'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.'
- Brian Lamb OBE, Visiting Professor of Special Educational Needs and Disability, Derby University

'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. '
- Dr Nazam Hussain, Educational Psychologist

'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.'
- Karen Flanagan, County SEN Manager (Assessment and Placement), Kent County Council


By (author): Jane L. Sinson