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DRPS : Course Catalogue : School of Social and Political Science : Postgrad (School of Social and Political Studies)

Postgraduate Course: Capacity Law: MHO Role in Context (PGSP11587)

Course Outline
SchoolSchool of Social and Political Science CollegeCollege of Arts, Humanities and Social Sciences
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) AvailabilityNot available to visiting students
SCQF Credits20 ECTS Credits10
SummaryMHOs have additional specific duties under the Adults with Incapacity (Scotland) Act 2000 and social worker responsibilities under the Adult Support and Protection (Scotland) Act 2007, in relation to adults who may be at risk of harm as a result of cognitive impairment arising from conditions such as learning disability, acquired brain injury, dementia and autism. This unit will explore the skills and knowledge required for the MHO role in respect of this legislation. It will engage with key concepts and approaches, including capacity and supported decision-making, in the context of multi-disciplinary assessment and care and support for individuals, their families and carers. The course will also explore the inter-relationships between all the main legal statutes that define the MHO role. The practice component will assess students┬┐ ability to appropriately apply the legislation, critically reflect upon practice and human rights dilemmas, inter-professional tensions and also to consider the issues of using professional authority, autonomy and accountability within the MHO role.

Course description Academic Description
o The course provides students with a critical and in-depth exploration of the Adults with Incapacity (Scotland) Act 2000, with emphasis on the range of duties and responsibilities of the MHO role and how this links to those of other professionals. It takes a detailed look at the principles and main statutory measures and powers, and considers their use the contexts of people's lives. The course also enables students to learn how the main pieces of legislation relating to the MHO role interact. In this, it also provides coverage the Adult Support and Protection (Scotland) Act 2007. The taught academic component of the course is aimed at equipping students to demonstrate the ability to undertake the functions of the MHO role during the subsequent practice element. The syllabus is designed to enable students to engage with the lived experience of capacity legislation and to address the ethical and human rights issues that are integral to this work, including questions of discrimination and oppression.

Outline Content
o The principles and provisions of the Adults with Incapacity (Scotland) Act 2000
o The duties and responsibilities of the MHO, including making applications for guardianship orders
o The roles of other professionals including advocacy
o The lived experience of capacity legislation
o The role of the Sheriff Court
o The principles and provisions of the Adult Support and Protection (Scotland) Act 2007
o The interrelationship between the Mental Health (Care and Treatment) (Scotland) Act 2003, the Adults with Incapacity (Scotland) Act 2000, the Criminal Procedures (Scotland) Act 1995 and the Adult Support and Protection (Scotland) Act 2007.

Student Learning Experience
o The academic element of the course is taught using a combination of class based and online learning. Students are encouraged to actively participate though small group work and a range of directed learning tasks. They are also required to engage in independent/self-directed study. Students then undertake a practice placement in their own local authority area with support from a Practice Assessor. The course has three assessed elements: a law assignment; a critical analysis of practice; and a placement report, which together allow students to the meet the course's learning outcomes.

Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements None
Course Delivery Information
Academic year 2023/24, Not available to visiting students (SS1) Quota:  28
Course Start Semester 2
Timetable Timetable
Learning and Teaching activities (Further Info) Total Hours: 200 ( Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 196 )
Assessment (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
Additional Information (Assessment) The Course has three assignments:
Open Book Law Exam - pass/fail - the percentage weighting is 0%.
Critical analysis of practice - the percentage weighting is 100%.
Placement report - the percentage weighting is 0%.
All are "must pass" assessments.
Feedback Assignments will be returned with feedback within 15 working days of submission.
No Exam Information
Learning Outcomes
On completion of this course, the student will be able to:
  1. Understand the nature of capacity and incapacity and how autonomy to make decisions may be impacted by a range of medical conditions and social factors.
  2. Critically apply lawful interpretations of capacity/incapacity in relation to legislative duties and responsibilities.
  3. Critically integrate knowledge of other specific and core legislation, including the Adult Support and Protection (Scotland) Act 2007, the Mental Health (Care and Treatment) (Scotland) Act 2003, 2015 and the Criminal Procedures (Scotland) Act 1995.
  4. Critically apply knowledge of assessment and evaluation of risk to adults, their families and significant others and address the human rights of people involved in the statutory processes.
  5. Demonstrate knowledge and awareness of issues relating to equality, diversity and social work values.
Reading List
Adults with Incapacity (Scotland) Act 2000. Edinburgh: Scottish Government.

Adults with Incapacity (Scotland) Act 2000. Codes of Practice. Edinburgh: Scottish Government.

Adult and Support and Protection (Scotland) Act 2007. Edinburgh: Scottish Government.

Adult and Support and Protection (Scotland) Act 200. Code of Practice. Edinburgh: Scottish Government.

Patrick, H., & Stavert, J. (2016). Mental health, incapacity and the law in Scotland. (Second edition) London: Palgrave MacMillan.
Additional Information
Graduate Attributes and Skills -The application of analytical, conceptual, critical and empirical methods to the study of professional MHO practice.
-Structuring and presenting critical analysis and argument.
-Independent learning.
-Problem formulation and solving
-Written communication skills.
-Oral and visual presentation skills.
-Time management.
-Working under pressure.
-Self-evaluation and assessment.
-Information retrieval and research skills.
-ITC skills as required by the SSSC.
KeywordsNot entered
Course organiserDr Pearse McCusker
Tel: (0131 6)50 3927
Course secretaryMrs Casey Behringer
Tel: (0131 6)50 2456
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