LAW-40029 - Module Specification
School of Law
Faculty of Humanities and Social Sciences

Programme/Approved Electives for 2024/25

Available as a Free Standing Elective

Co-requisites

None

Prerequisites

None

Barred Combinations

None

Description for 2024/25

Mental capacity is a complex and contested concept - clinically, ethically and legally. The extent to which an adult has capacity to make decisions is often a key consideration in adult safeguarding cases. In this module you will acquire the necessary skills and knowledge to be able to form a considered opinion on a theoretical body of knowledge which is located in very real cases of individual need.

To introduce students to the legal framework, ethical and practice dilemmas concerning adults whose mental capacity may be impaired and for whom there are safeguarding concerns. To gain an understanding of relevant research literature, law and practice surrounding this complex personal and public problem.

Intended Learning Outcomes

Critically examine and and interpret the former common law position on capacity and the background to the development of the Mental Capacity Act 2005: 1
Demonstrate critical awareness of the role of the Court of Protection and the developing body of case law on capacity: 1
Demonstrate systematic knowledge of the range of powers available under the legislation for delegating decision making: 1
Demonstrate comprehensive understanding of the roles of key personnel including the Court of Protection Visitor and the IMCA: 1
Critically evaluate the application of capacity law to a particular type of decision e.g. sexuality: 1
Demonstrate creative engagement with key principles under the Act and the intersection with professional values: 1
Analyse and critically evaluate the UK law and policy and guidance on mental capacity: 1

Study hours

20 hours seminar contact and student consultation
20 hours student consultation
90 hours preparation
170 hours research/writing

School Rules

None

Description of Module Assessment