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 5^th 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

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.