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Consent and the Mental Capacity Act 2005 – A One Day Conference – 29th October 2018
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 £140 plus VAT (£168) 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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Best Interests Assessors Legal Update (Annual Refresher) 5th November 2018
Aims:  This course aims to provide an essential update on case law in relation to the role of the BIA. It provides information and guidance on recent and relevant case law affecting the role of BIAs. Learning outcomes:
  • Consider the latest DoLS news, research and guidance
  • Examine the differences between a restriction on liberty and deprivation of liberty considering lessons from case law
  • Discuss the latest relevant case law and reflect on how this affects 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
  • CQC annual DoLS report
  • New NICE guidance and Ombudsman complaint
  • Cheshire West – the ‘acid test’ threshold
  • The CIPOLD and LeDeR reports – learning disability update
  • Medication to manage behaviour in learning disability
  • Case study 1
  • Dementia update – medication and NICE guidance
  • DoLS appeal – London Borough of Lambeth
  • Life-sustaining treatment and DoLS – update
  • Mental Health Act or DoLS – when all else fails
  • Case study - Relevant Persons Representative
  • DoLS statistics – 2017/18
  • DoLS case law summary sheet
  • The future - Liberty Protection Safeguards – overview
  • House of Lords, national survey and other commentary
  • LPS procedure and assessments
  • Case study 3 – DoLS quiz
  • Rights? Advocacy, Appeal, Appropriate Person
  • Winterbourne view test?
  • Funding issues
The course will be delivered by Steven Richards Steven 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 working across adult, older persons and PICU wards. As an advocate Steven represented directly before the Court of Protection. Steven is a Mental Health Act Reviewer with the Care Quality Commission, reviewing the care and treatment of people detained under the Act. He is also used by the CQC as a specialist advisor on the Mental Capacity Act and DoLS during inspections of services. Steven delivers training on the Mental Capacity Act and Mental Health Act across England and Wales to health and social care professionals. He has experience of training a wide variety of services on the MCA including local authorities, CCGs, NHS Trusts, the police, hospices and prison health services. Steven has spoken at a series of Health Education England conferences on the MCA at the end of life and more recently has been spoken at a number of Safeguarding Adult Board conferences. Steven is co-author of three books:
  • Working with the Mental Capacity Act 2005 – 3rd edition (ISBN: 978-0-9552349-5-8)
  • Working with the Mental Health Act – 3rd edition (ISBN: 978-0-9552349-4-1)
  • Deprivation of Liberty Safeguards (DoLS) Handbook – 1st edition (ISBN: 978-0-9931324-0-7)
He also co-authors several wall charts on the Acts and an 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.
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Level 3 Safeguarding Adults – 9th November 2018
Aims: This one-day Level 3 Safeguarding Adults training course offers delegates the opportunity to explore the legal framework, which underpins safeguarding adults work, and to explore the key challenges that may arise in practice. It will guide the delegates through the safeguarding adults process and focus on making safeguarding personal. It is for all staff who may be involved in safeguarding adult work which could include social workers, community care officers, social care workers, social care managers, GP’s, practice nurses, heads of quality, chief nurses, designated nurses for safeguarding adults, occupational therapists, psychologists and psychiatrists. Learning Outcomes: By the end of the course participants will be able to:
  • Demonstrate and understanding of the requirements of the Care Act 2014 in relation to adult safeguarding
  • Describe personalised responses to adults at risk of harm that reflect the principles of safeguarding
  • Understand their roles and responsibilities
  • Understand the roles and responsibilities of partner agencies
  • Consider the issues surrounding consent, capacity, confidentiality and information sharing
  • Describe the key steps and timescales of the adult safeguarding pathway in line with policy and procedures
  • Understand what informs a decision to undertake an enquiry.
  • Increased ‘legal literacy’ in relation to protecting adults from abuse and neglect
 Programme: The day will include the following key topics:
  • News update, recent developments, case law, reports in relation to safeguarding adults
  • Safeguarding Adults legislation, professional duties under The Care 2014 and relevant multi-agency safeguarding adults' policies and procedures
  • Application of the principles of making safeguarding personal
  • Identify factors that contribute towards a decision to undertake a S42 Enquiry
  • Identify who can carry out an enquiry
  • Identify the objectives of a S42 Enquiry
  • Work with an adult/in their best interests to develop an action plan
  • Identify a need for independent advocacy
  • Be able to develop a safeguarding plan
  • Practice issues for staff
  • Links between safeguarding and the Mental Capacity Act 2005
  • Case studies - a number of cases studies to apply learning in practice
The course will be delivered by Dawn Revell Dawn is a qualified Social Worker having obtained her professional status over 18 years ago. She continues to practice as an Approved Mental Health Professional (AMHP) under the Mental Health Act 1983.She is a joint trained investigator for safeguarding adults and presently has responsibility for managing and advising on complex safeguarding adult cases. Dawn presently manages a generic, county wide social services emergency duty team. She has worked as an associate trainer for over 4 years and has designed, facilitated and delivered training on risk assessment, mental health, mental capacity and safeguarding adults. 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.
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DoLS a new beginning? The Liberty Protection Safeguards 12th November 2018
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.
Book now!

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