Switalskis Court of Protection team brought together leading voices from the legal, healthcare and social care sectors in Leeds last week to discuss the practical challenges facing people working with the Mental Capacity Act 2005.

Hosted at The Queens Hotel, the sold out Mental Capacity Act 2005 Annual Review Conference saw 250 professionals come together to discuss emerging issues and consider the implications of recent judgments on Court of Protection practice.

The event is the largest of its kind in the UK, welcoming speakers from all areas of the profession. Jonathan Bellamy of St John’s Buildings discussed the implications of the Supreme Court’s landmark decision on deprivation of liberty.

Serjeants’ Inn’s Pippa Pudney examined Capacity Domains and the Crossover of Relevant Information, exploring how practitioners should identify the relevant information for each decision when assessing capacity. Dr Faisal Parvez, consultant old age psychiatrist at Pennine Care NHS Foundation Trust, talked about the importance of understanding the impact of executive disfunction on capacity, how this can present, and how to tailor capacity assessments accordingly.

Park Square Barristers’ Natalia Perrett and Emily Reed discussed the assessment of capacity: the role of fact-finding, and the relevance of coercion and control. District Judge Anderson shared a personal perspective on life as a Court of Protection judge, offering valuable insights into judicial decision-making, case management and the importance of meaningful family participation.

Christine Hutchinson, independent consultant nurse and honorary clinical associate professor at Edge Hill University, discussed the challenges that come with being a professional deputy and called for more evidence and guidance to support professional personal welfare deputies in their roles.

She says: “I have been attending the MCA Conference for years. It is the highlight of my CPD calendar and I’m grateful to Switalskis for allowing me to join the speakers this year.

“The programme was as informative as ever this year, with the range and calibre of speakers, the specific aspects of assessing capacity including what impacts from the person’s impairment, but also from coercion and control. Where capacity assessments for different decisions might overlap was helpful to explore. And it’s always interesting to hear Judges’ experiences as we often only see and experience our own part in proceedings.”

Michael Kennedy , barrister, director, Accredited Legal Representative and head of Switalskis’ Court of Protection Health and Welfare team, says: “It was wonderful to welcome so many people to this year’s conference.

“Everyone who works with people who lack capacity to make decisions for themselves is facing considerable challenges around how to work with the new test on what constitutes deprivation of liberty.

“Whilst it is a daunting predicament, I believe we are best able to face that challenge when we discuss it and shares ideas as a profession. I’m very pleased that the team here at Switalskis can provide that space and time, and I look forward to working together to find a way forward on this and other issues facing people in this situation.”