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Liberty Protection Safeguards – London – 24th February 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. Steven is a Mental Health Act Reviewer with the Care Quality Commission, reviewing the care and treatment of people detained under the Act. He has also worked with the CQC as a specialist advisor on the Mental Capacity Act and DoLS. 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 most recently has delivered 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 – 3rdedition (ISBN: 978-0-9552349-5-8) 
  • Working with the Mental Health Act – 3rdedition (ISBN: 978-0-9552349-4-1) 
  • Deprivation of Liberty Safeguards (DoLS) Handbook – 1stedition (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.
Book now!
Best Interests Assessors Legal Update (Annual Refresher) 28th February 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 & LPS 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. Confirmed speakers include: Lord Touhig, Victoria Butler-Cole QC, Tez Ilyas (Actor & Comedian), Steven Richards, Dr Camilla Parker, Jonathan Senker & Phillippa Ashcroft (VoiceAbility) Chair: Aasya F Mughal 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. More Information about the confirmed speakers is detailed below: Lord Don Touhig, House of Lords The Mental Capacity (Amendment) Bill & the Challenges in Parliament 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. Tez Ilyas, Comedian & Actor.  A Comedic Interlude Tez is one of the stars of hit sitcom Man Like Mobeen (BBC Three), and has appeared on Mock the Week (BBC Two), The Last Leg (Channel 4),Live From the BBC (BBC Two), Live from the Comedy Store (Comedy Central), Kevin Hart’s Live from Montreal (LOL Network), Virtually Famous (E4), The Now Show (BBC Radio 4) and starred in both his own Channel 4 comedy pilot, Bounty (which has become the most watched show in the format’s 10 year history), and fronted his own satirical entertainment series, The Tez O’Clock Show (Channel 4), to huge critical acclaim. Tez Ilyas hit the ground running. In his first three years as a stand up, he found himself in no less than eight competition finals including the prestigious BBC New Comedy Award and Leicester Mercury New Comedian of the Year. In 2015, Tez achieved phenomenal success with his debut stand up hour TEZ Talks. A sell out run at the Soho Theatre and his own BBC Radio 4 series based on the show followed; Tez created three series of the hit radio show and it was used by the BBC as one of its flagship shows for the launch of BBC Sounds. In 2016, his highly anticipated follow up show, Made in Britain, went on to sell out every single performance (including extra shows) at the Edinburgh Fringe and gained spectacular critical acclaim, with a smash hit nationwide tour in 2017. His third show, Teztify, once again delivered a spectacularly powerful, provocative and brilliantly funny hour of topical stand up, delivering to packed out audiences night after night, followed in 2018 by his second sell-out nationwide tour. Steven Richards, MHA Reviewer & Edge Director Introducing LPS: What, Where, Who? 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. Steven is a Mental Health Act Reviewer with the Care Quality Commission, reviewing the care and treatment of people detained under the Act. He has also worked with the CQC as a specialist advisor on the Mental Capacity Act and DoLS. 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 most recently has delivered training on the proposed Liberty Protection Safeguards to members of the House of Lords. Victoria Butler-Cole QC, 39 Essex Chambers Deprivation of Liberty Case Law Update Victoria is a leading QC and will provide a DoLS case law update. She will also outline the case law that is still likely to be relevant under LPS. Victoria regularly represents family members, local authorities, health authorities and the Official Solicitor in the Court of Protection and is an editor of the Court of Protection Law Reports (Jordans) and the 39 Essex Mental Capacity report. She has appeared in hundreds of cases in the Court of Protection, including capacity disputes, challenges to DoLS authorisations, welfare matters, medical treatment disputes and financial cases. She is also instructed in medical treatment cases concerning babies and children such as the well known case of Charlie Gard. Her cases have also included numerous judgments that will be instantly recognisable to DoLS professionals such as: Ferreira, AJ v A Local Authority, Briggs, Tracey and LBX Victoria is also instructed in human rights claims and was instructed by Liberty in cases arising from the Winterbourne View scandal and by the Equality and Human Rights Commission in the case of a young adult kept in prolonged seclusion at St Andrew’s Hospital. Dr Camilla Parker, lawyer Young People & Deprivation of Liberty: Before & After LPS 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. Camilla is an experienced lawyer and independent consultant specialising in mental health and disability law and human rights and has researched, written and presented extensively on issues relevant to these areas. She regularly provides training for practitioners working in health, mental health, social care and children’s services. Camilla has an in-depth knowledge of the legal and human rights issues arising from the mental health care of children and young people, which was the subject of her doctoral research (PhD Law, 2017) and is an area in which she has specialised for over ten years. She was the lead author of ‘The Legal Aspects of the Care and Treatment of Children and Young People with Mental Disorder: A Guide for Professionals’, Department of Health/ National Institute for Mental Health in England, January 2009. More recently, working as a consultant for the Department of Health, Camilla led on the work to revise the children and young people’s chapter in the Mental Health Act 1983 Code of Practice (now chapter 19 of the 2015 Code). Camilla is currently writing a book on adolescent mental health care and the law. Prior to establishing her legal and policy consultancy in 1997, Camilla was Legal and Parliamentary Officer at Mind and before then worked as a solicitor in private practice. She was awarded an LLM in Human Rights and Civil Liberties (with Distinction) in 1993 and has taught on post-graduate courses, including at Cardiff University where she was a part-time teacher for the Legal Aspects of Medical Practice LLM and Social Care LLM (2012-2015). Camilla was  a legal and visiting member of the Mental Health Act Commission (1995-2000), a non-executive director/special adviser of a mental health NHS Trust (2000-2006) and a special adviser to the Joint Committee on Human Rights during their inquiry concerning the human rights of adults with learning disabilities (see House of Lords, House of Commons, Joint Committee on Human Rights ‘A life like any other? Human Rights of Adults with Learning Disabilities’, Seventh Report of Session 2007-08, March 2008). Camilla is a member of the Law Society’s Mental Health and Disability Committee. Jonathan Senker, CEO, VoiceAbility Phillippa Ashcroft, Head of Public Policy, VoiceAbility The IMCA Role: Current & Future Challenges Jonathan and Phillippa will represent VoiceAbility; a prominent IMCA service provider and were heavily involved in guiding Peers on the subject of advocacy under LPS. The speakers' wealth of experience will be invaluable as they discuss the present challenges to the IMCA service and how this might be impacted by the introduction of LPS Chair: Aasya F Mughal, Director of Edge & Barrister LPS: Legal Loopholes & Practice Issues 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). Aasya will also chair the day and facilitate a quiz for the audience to participate in and test their knowledge. Steven and Aasya are co-authors 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) 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) This includes a conference booklet, a certificate, refreshments, and a sandwich lunch. 10% discount for groups of 10 or more in one booking (call 07341 277487). Venue  The Honourable Society of Lincoln’s Inn, Central London WC2A (Nearest underground stations – Chancery Lane, Holborn & Blackfriars) Date and Time 2nd March  09:45 to 16:15 (registration from 09:00) How to book Book tickets direct here via our website. 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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