Dental Adults with Incapacity.

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Education to support the development of skills for Dentists providing care to Adults with Incapacity

Introduction
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An assumption of Scots law is that, once you are aged 16, you can make legally binding decisions for yourself. However, an adult with a condition such as a learning disability, mental illness or dementia, may lack the capacity to make a decision relating to their dental care, or make an informed choice regarding treatment. In rare cases, this may also apply to someone who cannot communicate a decision because of a physical disability which cannot be overcome.

 

Providing Dental Care to Adults with Incapacity

Caring for adults who lack capacity to make decisions about their dental treatment requires more than clinical expertise—it demands a clear understanding of legal responsibilities, ethical principles, and person-centred care. Our specialist training is designed to help dental professionals meet these demands in full alignment with the Adults with Incapacity (Scotland) Act.

Our educational programmes offer comprehensive guidance on assessing capacity, gaining lawful consent, and delivering appropriate treatment within a legal and ethical framework. A key focus for Dentists is the correct use and completion of Section 47 certificates, empowering eligible practitioners to authorise treatment where capacity is impaired—ensuring care is both lawful and upholds the dignity and rights of the individual.

We offer two tailored training channels to suit different levels of responsibility and professional need:

Training options
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AWI Awareness Training

Designed as continuing professional development for all members of the dental team who do not sign legal documentation.

This course provides a foundational understanding of:

  • The key principles of the Adults with Incapacity Act
  • Assessing capacity and recognising when it may be impaired
  • Consent pathways and working collaboratively with welfare proxies and carers
  • Supporting patient rights and dignity in practice

 

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AWI Training Including Signing of Section 47 Certificates

Aimed at Dentists, Enhanced Skills Dental Practitioners and other eligible practitioners, this advanced course provides:

  • In-depth guidance on legal duties under the AWI Act
  • Step-by-step training on assessing incapacity
  • Consent pathways and working collaboratively with welfare proxies and carers
  • How and when to complete and sign Section 47 certificates
  • Case-based learning to build confidence in real-world scenarios
  • Supporting patient rights and dignity in practice

This training ensures that those authorised to sign treatment certificates do so competently, legally, and ethically—protecting both the patient and the practitioner.

Are you interested in applying to attend one of our courses?

Dental Adults with Incapacity Application Form 

Before applying, please ensure you have addressed the following: 

  1. Discuss your interest with your line manager, to ensure the training aligns with your current role and responsibilities.
  2. Approval from your Clinical Director/ Health Board or employing organisation may also be required, particularly for training that includes the authority to complete Section 47 certificates.

Once you’ve had these conversations, you can complete our short application form using the link below. We’ll confirm your place and provide course details, including dates, locations (or virtual access), and any pre-course materials.

 

Get in touch with the Education Team
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Contact NES Reducing Inequalities Team

If you have questions about which course is right for you, or what approvals may be needed, feel free to contact the Reducing Inequalities Team by email. 

 

reducing.inequalities@nes.scot.nhs.uk