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Liberty Protection Safeguards 28th June 2019 (London)
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 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
The parliamentary process means LPS could become law by April 2019 (Royal Assent) with a period of time for preparation by authorities before coming into effect. Aims This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards contained in the Mental Capacity (Amendment) Bill [HL]. 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
  • DoLS > LPS – what changes
  • DoLS > LPS – what stays the same(ish)
  • LPS procedure – the 3 stages
  • LPS – criteria and assessments overview
  • Capacity assessment
  • Deprived of liberty assessment
  • Mental disorder
  • Necessary and Proportionate
  • Excluded arrangements assessment – Mental Health Act
  • Consulting others and 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 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.
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Deprivation of Liberty, Children and Young People 22nd March 2019
Aims: This course aims to update staff working with children, young people and those in transition with the latest case law and developments in relation to deprivation of liberty. The course will consider these developments and the impact on practice. It examines the Supreme Court ruling on deprivation of liberty and considers practical issues in its application for children and young people. Learning Outcomes: ·    Understand the ‘presumption of capacity’ from age 16; the overlap with parental responsibility until the age of 18 and how this differs to consent provided for children under 16  ·    Understand the supreme court ruling and it’s application to those aged under 18 ·    Identify when a deprivation of liberty may be occurring and how to make it lawful:  Programme: The day will include the following key topics: ·    Deprivation of Liberty – overview – European Court onwards ·    Supreme Court ruling – overview and its application to children and young people ·    Law Society guidance following the Supreme Court ruling – children’s chapter ·    Recent case law applying the Supreme Court ruling to those under 18 ·    New threshold for deprivation of liberty set by the Supreme Court ·    ‘Continuous supervision and control’ – guidance and examples from case law ·    ‘Not free to leave’ – guidance and examples from case law ·    Case law review involving children since the Supreme Court ruling ·    Residential schools, non-secure children’s homes and foster placements ·    Deprivation of liberty - finding of fact and how to make it lawful ·    18+ in / not in a care home or hospital ·    16-17 and Under 16 in any placement ·   Parental consent (scope of parental responsibility) its authority and limitations in relation to deprivation of liberty – case law review including the impact of the Court of Appeal decision in November 2017 for 16 and 17 year olds ·    DoLS procedure overview ·    Court of Protection applications overview ·    Interaction with other legislation – Children Act, Mental Health Act ·    Practice issues for social care staff and managers. ·    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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