Liberty Protection Safeguards – a one day conference in central London – 4th October 2019 – SOLD OUT!
CONFIRMED SPEAKERS: Court of Protection Judge- Anselm Eldergill Dr Lucy Series (Researcher, Cardiff Law School) Steven Richards (Edge Director & Author of the DoLS Handbook) Ian Brownhill (Court of Protection Barrister). Mr E (Carer of HL in the "Bournewood judgment" CHAIR: Aasya F Mughal (Edge Director & Author of the DoLS Handbook)
The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16th May 2019. The Act is due to come into force on 1st October 2020. The new law, known informally as the Liberty Protection Safeguards (LPS), will ultimately replace the Deprivation of Liberty Safeguards and place considerable new responsibilities on font line staff, CCGs, NHS Trusts, Care Homes and Local Authorities. The new Act was highly criticised on its passage through parliament but now that it is final, it is important that those responsible for implementation are clear on how to do this in a legally compliant way. This one day conference will go through the new rules; how to prepare and plan ahead and will also consider the concerns and challenges which will need to be addressed. A central focus of the conference will be the rights of vulnerable incapacitated people and how front line staff can ensure they are best protected under the new rules. 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 277487Approved Mental Health Professionals’ Legal Update 7th October 2019
Aims
The main aim is to give AMHPs the opportunity to update their legal knowledge and skills regarding their work under the Mental Health Act 1983. This update has a focus on practice dilemmas arising from recent statutory changes as well as case law developments.
At the end of the day AMHPs should be:
- familiar with the changes that have resulted from the Policing and Crime Act 2017;
- aware of the consequences of the MM and PJ cases for CTOs and Part 3 patients;
- up to date with other recent case law;
- able to make decisions involving informal admission of patients (capacity test);
- able to identify the nearest relative of a patient and deal with related dilemmas.
- Summary of the Policing and Crime Act 2017.
- Impact on Mental Health Act sections 135 and 136.
- MHA assessments in police stations.
- Impact of recent case law on s37/41 conditional discharges and on CTOs
- The return of the voluntary patient? Capacity and the informal patient.
- Nearest relative issues
- Summary of other recent case law
Best Interests Assessors Legal Update (Annual Refresher) 7th October 2019
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
- 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 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.
Liberty Protection Safeguards 18th October 2019 (Manchester)
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
- 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
- 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
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- 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?
