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.

Aims This refresher course has been designed to meet the needs of DoLS Mental Health Assessors. It will cover key topics that cause uncertainty or dilemmas for MH Assessors and go over the main basic requirements of this challenging role. Common Mental Health Act and DoLS interface issues will also be addressed such as the law around the provision of mental health treatment under DoLS. There will be plenty of opportunity to ask questions from an expert in the field and ask about your own case scenarios.  The day will be delivered by one of the authors of the highly popular Deprivation of Liberty Safeguards Handbook who has also trained thousands of doctors on the Mental Health Act; Mental Capacity Act and DoLS. In order to attend this course, you must be a doctor who is also already qualified as a DoLS Mental Health Assessor.  If you are unsure if you meet the entry requirements, please contact us. This course assumes a certain level of knowledge about the Mental Health Act and Mental Capacity Act. If you are out of practice, to get the most benefit out of the course and in order for the advanced level of the course to be maintained, please revisit the basics of the law prior to attending. In particular, it is imperative that you are fully familiar with Sections 1-6 Mental Capacity Act 2005 and the basic rules on Community Treatment Orders; Guardianship and Section 17 Leave. The Codes of Practice to both Acts contain relevant chapters on these subjects and are available on www.mentalhealthlaw.co.uk Programme  The day will include the following key topics:

• Latest mental capacity case law
• Exploring challenging mental capacity issues including establishing the ‘causative nexus’; fluctuating capacity and the standard of proof.
• Eligibility rules
• Interface between Mental Health Act and DoLS
• Latest eligibility case law
• Record keeping tips
• Q & A opportunities throughout the day
• The day will end with a DoLS quiz.

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.  

The Liberty Protection Safeguards (LPS) currently before Parliament contain a number of significant differences from the original Law Commission proposals for LPS. The change from DoLS to LPS will create new statutory duties and responsibilities on different bodies and care providers. Key points include:

• LPS will apply to any care setting (not just hospitals and care homes)
• NHS Trust and CCGs will become responsible for LPS for their patients
• LPS extends to people who present not only a harm to themselves but also others
• Care home managers and other staff have extensive new responsibilities
• Many new staff groups will be involved in the assessment process
• The role of the BIA (known as AMCP in the new law) is significantly reduced

Aims This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards contained in the Mental Capacity (Amendment) Bill [HL] that is currently before Parliament. The course considers the differences between DoLS and LPS and looks at what the new process will be and who will be affected. Learning outcomes

• Consider the key differences between DoLS and LPS
• Understand the impact on different services of LPS
• Review the legal criteria, assessment and procedure for LPS authorisations
• Consider the new duties and responsibilities placed on different staff and authorities

Programme

• The current situation – DoLS stats and CQC report
• The Mental Capacity (Amendment) Bill [HL] – key information and progress update
• The Law Commission proposals for LPS and the key differences in the final bill
• DoLS v LPS – key differences
• Deprivation of liberty – ECHR requirements
• Liberty Protection Safeguards – Who? Where? When? How?
• Assessments required under LPS – overview
• What is unsound mind?
• Necessary and proportionate – meaning and application
• Duty to consult
• The LPS assessors – AMCP, care home managers and others
• The Reviewer – role and responsibilities
• Appeal process – the Court of Protection
• Appropriate Person – how and appointment process
• Advocacy – when and how
• Duties of Responsible Bodies – LAs, CCGs, NHS Trusts
• Duties on care home managers
• Mental Health Act interaction – eligibility continues
• Issues for the future and risks

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.