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Liberty Protection Safeguards – Manchester – 24th January 2020
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
Aims This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards. 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
  • 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
    • 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?
The course will be delivered by Steven Richards Steven Richards 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 Steven represented directly before the Court of Protection. He is a Mental Health Act Reviewer with the Care Quality Commission and has also been used by the CQC as a specialist advisor on the Mental Capacity Act and DoLS during inspections. Steven delivers training on the Mental Capacity Act and Mental Health Act across England and Wales to health and social care professionals and he provided training on the proposed Liberty Protection Safeguards to members of the House of Lords. Steven is co-author of three books: Working with the Mental Capacity Act 2005 – 3rd edition, Working with the Mental Health Act – 3rd edition and Deprivation of Liberty Safeguards (DoLS) Handbook – 1st edition. 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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MHA Admin & Management Skills – 30th to 31st January 2020 – a two day training course
Aims This course aims to provide mental health administration staff and hospital managers with the skills and knowledge needed to effectively manage the Act in practice. It considers the necessary tools to ensure effective compliance with the legislation and Code of Practice. Learning Outcomes:
  • Understand the role of compulsion in the delivery of mental health care
  • Familiarisation with the key elements of the Mental Health Act
  • Understanding of the specific responsibilities of the Mental Health Act office and its staff
  • In-depth consideration of relevant specific topics: MHA detention powers, Community Treatment Orders, Mental Capacity Act, forensic orders, Mental Health Tribunals and Hospital Managers hearings
Programme Day 1 9.30am                                   Introduction and Coffee 10.00am                                Session 1 Compulsion in Context Brief history of mental health legislation, monitoring and inspection The Act, the Code of Practice and case law Exercise – the principles A new MHA? 11.15am                                 Break 11.30am                                Session 2  The building blocks Roles and definitions The major civil orders Appropriate treatment Emergencies and holding powers Informal status Leave and absconsion Quiz 1.00pm                                    Lunch 1.45pm                                    Session 3 Rights and Protection Sections 58 and 132 including capacity Consent to Treatment exercise Section 132 exercise Nearest Relative 3 pm                                        Break 3.15pm                                    Session 4   Rights of Appeal Mental Health Tribunals and Hospital Managers hearings - full hearings and paper hearings. 4pm                                        Close   Day 2 9:30                                         Introduction and Coffee 10.00am                                  Session 1: Receiving Papers and mechanics of administering the MHA Fatal and non-fatal errors Scrutiny and challenge Scrutiny exercise – finding errors The mechanics of administering the Mental Health Act. Brought forward systems, diaries, chasing RCs, databases, access to legal advice. Using Outlook and other diaries, reminders, and chasing 11.00 am                                 Break 11.15am                                  Session 2    Reporting to the Board – data collection – outputs and outcomes. Exception reporting The role of the CQC – what does it look for in relation to MHA administration? 12:45                                       Lunch 13:30                                      Session 3  The Act in the community CTOs, s17, s18 and guardianship Recall and revocation CTO scrutiny exercise & the justifying the need for recall Managing Mental Health Tribunals for community patients 2.45pm                                    Break 3.00 pm                                  Session 3 Part III of the Act Major Forensic orders Relevant legislation outside the MHA The right to treat The Mental Health Tribunal Reporting requirements and s41 Forensic orders quiz 4.30 pm                                   Close   The course will be delivered by Cassie Finnigan Cassie has worked within NHS mental health settings for 20 years and has led a Mental Health Act administration department for 8 years. She currently works as a MHA Improvement Manager for an NHS Trust. She has developed and runs Mental Health Act clinics for service users to ensure that they are fully involved in their care and takes a lead role in preparing for CQC inspections of which a ‘Good’ rating was achieved for her Trust in 2016. She provides expert advice to all services within her Trust and has supported new MHA administrators both in NHS Trusts and Independent hospitals. She has a post graduate Diploma in Mental Health Law.
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Best Interests Assessors Legal Update (Annual Refresher) 31st January 2020
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 Training & Consultancy Ltd. She was called to the Bar in 2003 and has provided legal representation for individuals and businesses in civil litigation cases and for patients in appeals against their detention under the Mental Health Act. Aasya also 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.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 providing 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 (now Mental Capacity (Amendment) Act 2019).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.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!
Edge’s Annual DoLS Conference- 2nd March 2020- Central London 
Edge is delighted to announce that bookings for our next Conference are now open. Our 2020 DoLS conference will also cover the Liberty Protection Safeguards The DoLS & LPS Conference will consider topics that will address both present DoLS issues and also look to the future and consider the impact of LPS. Confirmed speakers are listed below: Lord Don Touhig Lord Touhig was a prominent Peer involved in the passage of the Mental Capacity (Amendment) Act 2019 through Parliament. He argued passionately in Parliament for improvements to safeguard vulnerable people and will give an opening address to the conference. Steven Richards Steven is CQC Reviewer and co author of The DoLS Handbook. He was involved in providing guidance and training to Peers. Steven will provide an overview of the new rules under the Liberty Protection Safeguards and updates on the progress of the Code of Practice and regulations. Victoria Butler-Cole QC Victoria is a leading QC in the area of mental capacity law and will provide a DoLS case law update. She will outline the case law that is still likely to be relevant under LPS. Dr Camilla Parker Camilla is an expert on child law and policy. Camilla will provide an overview of the law around the deprivation of liberty of young people and how this particular group will be affected by LPS. Voiceability Voiceability are a prominent IMCA service provider and have been heavily involved in guiding Peers on the subject of advocacy under LPS. They will discuss the present challenges to the IMCA service and how this might be impacted by the introduction of LPS Aasya F Mughal Aasya is a Barrister and co author of The DoLS Handbook. She was involved in providing guidance and writing draft clauses for Peers. Aasya will chair the day and facilitate a quiz for the audience to participate in and test their knowledge. Please note: the topics selected will be directly relevant for DoLS Assessors and a certificate will be issued to those that attend the whole day to reflect this. Pricing £155 plus VAT (£186) 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
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