Capacity Issues in Children Cases

What to do in when a children law case involves capacity issues

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Course Overview

This course offers a practical discussion of what children law practitioners must do, if they are concerned regarding the capacity of one or more of the parties involved in a case.  
During this session, lecturer Safda Mahmood will examine the lessons which can be learnt from leading case law in this area including:
  •  RE M (A Child) 2009 EWCA Civ 315
  •  RE O & M (Children) sub nom GM & KM v (1) A Local Authority (2) LO & EM (Children) EWCA Civ 1405
  •  Re D (Children) 2015 EWCA Civ 749

Consideration will be given to the five statutory principles contained within the Mental Capacity Act 2005 and how these are applied when assessing capacity in children law cases.

Finally, Safda will ensure that viewers are familiar with guidance issued by the President of the Family Division in 2018 concerning the capacity to litigate in proceedings involving children and proceedings involving parents with a learning disability.

What are the requirements?

  • Watch the recorded webinar and complete the short quiz to test your legal knowledge
  • This course provides 0.5 CPD points

Learning Outcomes

  • On completion of this course you will:
  • • Have a greater understanding of how capacity in children cases is determined
  • • Be able to identify if capacity is an issue, and if so, have the confidence to act accordingly
  • • Be familiar with relevant guidance including Practice Direction 15A – Protected Parties

What is the target audience?

  • This course is suitable for paralegal, trainee and qualified children law practitioners



About Instructor - Safda Mahmood

Safda is a senior solicitor, with a public authority, having had practiced in both Private Practice and Local Government. Safda is on the Law Society Children Panel and specialises in Children Law and Adoption. He delivers training across the country and writes regularly for various journals including Family Law Journal, Legal Executives Journal and Law Society Bulletin.

Course Curriculum

Recorded Webinars

  • Webinar

Supporting Documentation

  • Slides
    5 Page


  • Quiz