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Best Interests Assessors Legal Update (Annual Refresher) 24th September 2018
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. She has provided legal representation for individuals and businesses in civil law matters in the county courts including landlord and tenant proceedings. She also has previously gained considerable experience as an in-patient advocate, working with detained patients on a number of mental health wards and has appeared before the Court of Protection in this role. She is co-author of three books, an App and three wall charts on the Mental Health Act, Mental Capacity Act and DoLS used by local authorities, hospitals, universities and lawyers. She has also provided legal information and advice to the public on human rights law through the organisation Liberty on a pro bono basis. 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!
DoLS a new beginning? The Liberty Protection Safeguards 25th July 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!
DoLS a new beginning? The Liberty Protection Safeguards 14th September 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!
Court of Protection Report Writing Skills 28th September 2018
Aims: This course aims to identify key aspects of mental capacity law with reference to statute and the Code and to establish frameworks for the accurate recording of essential evidence. It will ensure staff are clear on good and bad recording techniques and will identify the key law to guide completion of the COP forms Learning outcomes: By the end of the course participants will have:
  • Increased knowledge of mental capacity law and practice
  • Increased knowledge of the statutory frameworks and rules within which the court operates
  • Enhanced skills to deal with report writing and preparing evidence for the Court of Protection
Please note: For this course to be successful, delegates must have had training on the Mental Capacity Act 2005 and remind themselves of Sections 1-6 of the Act before attending. Programme: The day will include the following key topics:
  • Court of Protection summary
  • Cases the court deals with – social care, finance and medical
  • COP3 form – assessing capacity for court applications
  • Mental Capacity- case law recap
  • Exercise 1- Assessing mental capacity case study
  • Assessing capacity- case law examples of good and bad evidence
  • COP24- assessing best interests for court applications
  • Best Interests – overview and detail on the checklist
  • Best interests – hierarchy, balance of probabilities etc.
  • Best Interests- Risk & duty of care
  • Exercise 2- best Interests & evidencing the balance sheet
  • Best Interests- case law
  • Before going to court…
  • Types of evidence
The course will be delivered by: Sophy Miles Called to the Bar in March 2015, Sophy qualified as a solicitor in 1989. She was a founding partner at award-winning firm Miles and Partners LLP where she led the mental health and capacity team for 16 years, before becoming a consultant in 2012. As a solicitor she has been involved in significant human rights cases brought under the inherent jurisdiction and in the Court of Protection (JE v DE and others, [2006] EWHC 3459 (Fam); Hillingdon v Neary [2011] EWHC 3522 (COP)). Sophy has a busy and varied Court of Protection practice which includes personal welfare, international adult protection, medical treatment and property cases, as well as challenges against deprivation of liberty authorisations. She advises in all areas of mental health law, where her long experience as a mental health solicitor gives her a practical understanding of the issues. She advises on displacement of nearest relative applications; complex Tribunals; and disputes over entitlement to after-care. Sophy regularly advises on public law challenges arising under community care legislation. These have included the application of the Care Act 2014 to vulnerable prisoners and challenges to Care Act assessments. Sophy undertakes civil actions under the Human Rights Act where there is a mental health or mental capacity element. Sophy is a member of the Law Society’s Mental Health and Disability Committee. She regularly trains on the Mental Health Act, the Mental Capacity Act and on the Court of Protection. Includes all course materials, certificate and refreshments. 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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