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Consent and the Mental Capacity Act 2005 – A One Day Conference
**Earlybird discount **  £115 plus VAT (£138) up to 10th October only.  Then £140 plus VAT (£168) from 11th October  This one day conference is designed to collate the key elements of consent and mental capacity law to enable delegates to understand their legal responsibilities. The conference will look at past case law by considering the biggest consent court case in recent history and the implications for staff. It will look at the present day legal requirements and consider the responsibility to seek valid informed consent and lastly, the day will look to the future by outlining potential future developments in the Mental Capacity Act (Amendment) Bill; possible technology to investigate methods of communicating with those with limiting conditions and legal advance care planning options under the Act. The day will also include an interactive quiz to allow delegates to test their knowledge and put into practice what they learn on the day. There will be an opportunity to ask questions of the speakers at dedicated sessions at the end of each segment. The day will also give delegates the chance to network and share ideas with other professionals in the field. On the day, all delegates will receive a hard copy of the conference papers in the form of a presentation booklet and a certificate of attendance at the end.

Speakers and Presentations

James Badenoch QC, Barrister Consent after Montgomery James represented Mrs Montgomery in a case (Montgomery v Lanarkshire Health Board [2015] UKSC 11) that led to the amendment of consent guidance for all health professionals including guidance issued by the British Medical Association. He will talk about the impact of this case for patients and professionals. Steven Richards, Edge Director and CQC Reviewer
  1. Valid Consent and the link to Mental Capacity
  2. Mental Capacity Act Amendment Bill- Where are we now?
 Steven will discuss the link between mental capacity and consent. He will also provide a brief overview on the progress of the Mental Capacity Act (Amendment) Bill and the potential key changes for NHS Trusts, CCGs and Local Authorities. Theresa Renwick, Safeguarding Lead, Whittington Hospital and Edge Trainer Hospital safeguarding concerns and the legal solutions Theresa deals with various safeguarding concerns on a daily basis within a busy hospital setting; she will tell us more about the challenges and dilemmas faced by staff in these settings and how practical solutions were found in accordance with the law. Dr Caterina Cinel, Research Fellow, University of Essex Are brainwaves the future for assessing mental capacity? An eectroencephalogram (EEG) looks at brainwave patterns. This technology has developed over the last few years and Dr Cinel from the University of Essex will explain the use of EEG and whether this could be developed in future to assist with ‘practical steps’ for those currently assessed as lacking mental capacity. The ability to “communicate a decision” through any means is the last stage of the functional mental capacity test in the Mental Capacity Act but assessors must take practical steps to assist people to communicate. EEG technology was discussed by Dr Cinel’s colleague on Sky News earlier this year. Aasya Mughal, Edge Director & Barrister Advance Care Planning under the Mental Capacity Act A lot of confusion remains about the differences between advance decisions, advance directives and DNACPR decisions. Aasya will explain in clear terms the differences and the legal expectations of these. She will also discuss the right to appoint an Attorney under an LPA and what staff should look out for in order to check the validity of such advance care planning documents. Aasya will also chair the day and host the interactive quiz.

Speaker Biographies 

James Badenoch QC, Barrister James specialised for over 25 years in clinical negligence, medical law, and professional discipline. He became a QC in 1989. He has appeared in a succession of major cases in the House of Lords, The Privy Council, The Court of Appeal, The High Court, The GMC and The GDC. He has been listed for many years in the principal directories as one of the foremost practitioners in the fields of clinical negligence, professional discipline, and personal injury. Steven Richards, Edge Director and CQC Reviewer Steven is a Mental Health Act Reviewer with the Care Quality Commission, inspecting the care and treatment of people detained under the Act. He is also a specialist advisor for the Commission in relation to the Mental Capacity Act and a Director of Edge training and consultancy. Steven has worked in the mental health field for over 20 years, both for the NHS and voluntary sector. He has been an in-patient advocate for Mind working across adult, older persons and PICU wards and as an advocate represented directly before the Court of Protection. He has co-authored a number of highly popular books, wall charts and Apps on the Mental Capacity Act and Mental Health Act. Steven is passionate about advocating for the rights of people lacking mental capacity and conducted a highly influential survey which was cited in a debate in the House of Lords on 5th September during a depate on the Mental Capacity Act (Amendment) Bill. Theresa Renwick, Safeguarding Lead, Whittington Hospital and Edge Trainer Theresa qualified as a social worker in the 1990s, and continues to practice as an AMHP having completed her ASW training in 2000. Theresa is a trained BIA, and currently works as the Safeguarding Adult, MCA and DoLS Lead. in a London NHS Trust. Dr Caterina Cinel, Research Fellow, University of Essex Caterina’s research interests and activities cover attention, multisensory perception, visual feature integration, decision making, brain-computer interfaces and memory. Since 2002, she has worked at the University of Essex, where she is part of the Brain-Computer Interface and Neural Engineering group. She investigates decision making and collaborative BCI, based on EEG and other physiological measures, and multisensory integration. Aasya Mughal, Edge Director & Barrister Aasya has acted in a variety of civil litigation matters and for patients in appeals against their detention under the Mental Health Act. Prior to this, she gained considerable experience as an in-patient advocate working with detained patients on a number of mental health wards and also appeared before the Court of Protection in this role. She is co-author of a smartphone App, three books and four wall charts on the Mental Health Act and Mental Capacity Act used by local authorities, hospitals, advocacy groups, universities and lawyers. She has volunteered for the human rights organisation Liberty providing legal information and advice to the public on human rights law. Aasya has been writing and delivering training on the Mental Capacity Act and Mental Health Act since 2005. She has been invited to Jersey a number of times to speak about Mental health law in relation to the Jersey legal system and the ECHR. More recently, Aasya has provided guidance to members of the House of Lords and charities on the Mental Capacity Act Amendment Bill. Pricing **Earlybird discount **  £115 plus VAT (£138) up to 10th October only.  Then £140 plus VAT (£168) from 11th October This includes a conference booklet, a certificate, refreshments, and a sandwich lunch. If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk or call 07341 277487
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Deprivation of Liberty Safeguards Authorised Signatories Training Course 21st September 2018
Aims This course aims to provide guidance on the role of signatories and to update designated signatories in relation to the latest case law around their specific role within the DOLS procedures.    Please note: this course is not designed for BIAs but specifically the role of local authority managers acting as authorised signatories.  Learning outcomes
  • Understand the responsibilities of the Supervisory Body in relation to DOLS
  • Explain the statutory basis and functions of a signatory
  • Demonstrate how recent case law affects the role of the signatory and consider its application in practice
Programme
  • Commentary on DoLS – government and Supreme Court
  • Latest news from Department of Health, CQC etc
  • DoLS signatories – what has changed in the last year?
  • DoLS – scrutiny and the role of the supervisory body + SCIE guidance
  • The DoLS assessments and new forms and guidance
  • Form 3 – BIA assessment
  • Defining Deprivation of Liberty – Article 5
  • Case study – restraint or deprivation of liberty?
  • The Supreme Court ruling – Cheshire West
  •  Continuous supervision and control and not free to leave
  • A person can now be deprived of liberty even though…
  • What to look for on Form 3 – deprived of liberty?
  • The best interests – the law
  • Best Interests assessment – what to look for
  • Case study – best interests?
  • Statistics for DoLS + latest ADASS advice
  • Residential schools and DoLS case law
  • Harm to the person and a proportionate response
  • Mental Capacity Assessment – Form 3 and 4
  • Recent case law on assessment of capacity – what a person needs to understand
  • Assessment of capacity – what to look for
  • Case study – assessment of capacity
  • Duration of DoLS
  • Conditions – when, why and what?
  • Mental Health Assessment
  • Form 5 - The Supervisory Body’s decision
  • Wider practice issues for managers in social services
  • Questions that remain – future case law
The course will be delivered by Steven Richards  Steven is a Mental Health Act Reviewer with the Care Quality Commission and a specialist advisor in relation to the Mental Capacity Act. He is a Director of Edge training and consultancy and has worked in the mental health field for over 20 years, both for the NHS and voluntary sector. He has been an in-patient advocate for Mind and as an advocate represented directly before the Court of Protection. Steven has trained health and social care professionals on the Mental Capacity Act since its inception and regularly delivers legal update training to DoLS assessors (BIAs and Mental Health Assessors) and authorising signatories. Steven is co-author of three books, Working with the Mental Capacity Act 2005 - 2nd edition, Working with the Mental Health Act – 3rd edition and The Deprivation of Liberty Safeguards (DoLS) Handbook – 1st edition. He also co-authors a number of wallcharts on the Acts which are used nationally and a mobile App on the Mental Capacity Act.
Includes all course materials, certificate and refreshments. Places are limited so early booking is recommended.
If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk  or call 07341 277487.  
Book now!
Best Interests Assessors Legal Update (Annual Refresher) 24th September 2018
Aims:  This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes:
  • Consider the latest DoLS news, research and guidance
  • Examine the latest case law relevant to DoLS and the BIA role
  • Reflect on how the information covered affects BIA practice 
Programme- the day will include the following key topics which may be subject to some minor amendments to reflect the latest case law and guidance at the time of delivery : 
  • Consent > MCA > Restraint > DoLS
  • London Safeguarding Boards and Local Government Ombudsman report
  • CQC annual DoLS report
  • Case law: European Court of Human Rights and DoLS
  • Case studies – DoLS in practice
  • Deprivation of Liberty – ECHR onwards
  • Cheshire West, Supreme Court ruling – revisited
  • Case law: life-saving treatment and DoLS
  • DoLS appeals – Section 21A applications – overview and research findings
  • Case law: covert medication to manage behaviour and DoLS
  • National DoLS stats and trends
  • Case law: Available options and the best interests assessment
  • Assessment of risk – necessary and proportionate
  • Case law: latest DoLS case law and summary
  • Case law: domestic DoL or Community deprivation of liberty
  • Case law: Community Treatment Orders (CTO) and DoLS
  • The future: a new DoLS
The course will be delivered by Aasya Mughal Aasya is a barrister and director of Edge. She has provided legal representation for individuals and businesses in civil law matters in the county courts including landlord and tenant proceedings. She also has previously gained considerable experience as an in-patient advocate, working with detained patients on a number of mental health wards and has appeared before the Court of Protection in this role. She is co-author of three books, an App and three wall charts on the Mental Health Act, Mental Capacity Act and DoLS used by local authorities, hospitals, universities and lawyers. She has also provided legal information and advice to the public on human rights law through the organisation Liberty on a pro bono basis. Includes all course materials, certificate and refreshments. Places are limited so early booking is recommended. If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk  or call 07341 277487.
Book now!

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