Transforming care : Community legal frameworks for people with learning disabilities -15th November 2019
Aims
The Transforming Care initiative in learning disability services means community services need to consider the most appropriate legal frameworks for individuals. This one day course aims to enable health and social services staff understand the different legal options for people with a learning disability. It includes the latest applicable case law in particular around CTOs and Conditional discharge. In particular, it considers the options available under the Mental Health Act, Mental Capacity Act and inherent jurisdiction looking at the criteria, powers and limitations of each.
Learning outcomes
On completion of this course participants will be able to:
- Understand the key legal routes for discharge into the community
- Explain how clients with different presentations and risks can be legally protected
- Demonstrate how different legal routes will affect their clients / service users
- Illustrate how they could use the various legal options available to them
- Community legal options overview
- Community Treatment Orders – criteria + powers + limitations
- Guardianship – criteria + powers + limitations
- Deprivation of Liberty Safeguards (DoLS) – criteria + powers + limitations
- Community DoL via Court of Protection – criteria + powers + limitations
- Forensic Mental Health Act – conditional discharge + powers + limitations
- Inherent jurisdiction? If all else fails
- The ‘informal’ voluntary client – consent and the Mental Capacity Act
- Restraint – definition and criteria for use
- Identifying community care plans that are a deprivation of liberty
- Case studies – will look at different client profiles to identify the legal options available
- The future - Liberty Protection Safeguards and their role
Best Interests Assessors Legal Update (Annual Refresher) – 18th November 2019
Aims:
This course aims to provide an essential annual update on news, case law and the future legal changes (Liberty Protection Safeguards) 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
- Liberty Protection Safeguards- an update
- Unlawful DoL and other breaches of the Mental Capacity Act in the hospital setting
- Local Government & Social Care Ombudsman- consequences of the DoLS backlog
- Lawful covert medication, the BIA role & recording on Form 3.
- Article 8 ECHR and the role of the BIA
- Mental Health Act & DoLS Interface- case law update
Aasya is a director of Edge Training & Consultancy Ltd. She previously provided legal representation for individuals and businesses in civil litigation proceedings and also 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, Mental Capacity Act and Deprivation of Liberty Safeguards used by local authorities, hospitals, advocacy groups, universities and lawyers. These books are highly reviewed on Amazon.
Aasya has volunteered for the human rights organisation Liberty providing legal information and advice to the public on human rights law and also volunteers her time to deliver training to families on the Mental Capacity Act through Edge. Most recently, she has been proving guidance to charities and members of the House of Lords on the Liberty Protection Safeguards including the drafting of amendments to the Mental Capacity (Amendment) Bill.
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.
Liberty Protection Safeguards 22nd November 2019 (London)
The Liberty Protection Safeguards became law on 16th May 2019 when the Mental Capacity (Amendment) Act 2019 received Royal Assent. It is expected that LPS will come into force and replace DoLS on 1st October 2020. The government estimate is that there will be over 300,000 LPS applications every year. It creates new statutory duties and responsibilities for local authorities, NHS Trusts, CCGs and Welsh health boards as well as care providers. Key points include:
- LPS will apply to any care setting (not just hospitals and care homes)
- NHS Trusts and CCGs will become responsible for assessments and authorisations
- LPS extends to young people aged 16 and 17 rather than 18+ under DoLS
- Many new staff groups will be involved in the assessment process
- The role of the BIA changes significantly
- 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
- The current situation – DoLS stats and CQC report
- Liberty Protection Safeguards – overview and latest update
- DoLS > LPS – what changes
- DoLS > LPS – what stays the same(ish)
- LPS procedure – the 3 stages
- LPS – legal criteria and assessments overview
- Capacity assessment
- Deprived of liberty assessment
- Mental disorder
- Necessary and Proportionate
- Excluded arrangements assessment – Mental Health Act
- Consulting others
- Objecting
- The LPS assessors
- Pre-authorisation review – role and responsibilities
- Rights for people under LPS
- Advocacy – IMCA – when and how
- Appeal – Court of Protection
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- Appropriate person – who and the appointment process
- Reviews – when and how
- Duties of Responsible Bodies – LAs, CCGs, NHS Trusts
- Duties on care home managers
- The Impact Assessment – funding estimates – what is allocated and is it enough?
Edge’s 2019 AMHP Conference – a one day conference in central London – 6th December 2019
We are pleased to announce that booking for the 2019 AMHP conference is now open. This one-day conference explores issues relevant to AMHP practice. The conference can contribute towards the statutory requirement of 18 hours relevant training for AMHPs each year.
The Keynote speech is by Rhys Hadden, of Serjeants Inn Chambers. We are delighted to welcome Rhys who will explain the role of the Coroner, when and why they might issue a report to prevent future deaths (PFD reports). Rhys will offer insights into how AMHPs can best prepare for attendance at an Inquest as a witness or Interested person.
Speakers include:
Rhys Hadden: Barrister- Serjeants Inn Chambers. An introduction to Coroners court and inquests- what an AMHP needs to know.
Claire Barcham (AMHP trainer & author) and Inspector Mark Woodward of London Metropolitan Police: Learning from research: Managing the interface between MHA assessments and custody.
Robert Lewis: AMHP Service Manager- Devon Council
Steve Gilbert: Living Experience Consultant and Former Vice Chair to Sir Simon Wessely- MHA Review.
Steven Richards: Director Edge Training- DOLS- A new beginning? The Liberty Protection Safeguards
Thalamos: Creating Digital Enablers for the Mental Health Act.
CHAIR: Christine Hutchison- Director of Edge Training & Consultancy Ltd.
Pricing £150 plus VAT (£180)
10% discount for groups of 10 or more in one booking (call 07341 277487).
This includes a conference booklet, a certificate, refreshments, and a sandwich lunch.
Venue The Honourable Society of Lincoln's Inn, Central London WC2A (Nearest underground stations - Chancery Lane, Holborn & Blackfriars)
If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk or call 07341 277487
Book now!
