BIA Legal Update (Annual Refresher) 22 June

Aims:

This course aims to provide an essential update on case law in relation to the role of the Best Interests Assessor within DoLS. It provides information and guidance on relevant case law and other research and policies affecting the role of the BIA.

Learning outcomes:

• Consider the latest DoLS news, research and guidance

• Examine the differences between a restriction on liberty and deprivation of liberty considering lessons from case law

• Discuss the latest relevant case law and reflect on how this affects 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 :

• Cuckooing (home takeover) offence – consent and capacity

• Consent > MCA > Restraint > Deprivation of liberty

• Supreme Court ruling – AGNI

• Restrictions/confinement

• Not valid consent

• Case study

• Chemical restraint

• Deprivation of liberty – the changing threshold

• Acceptance – happiness – objecting

• Restraint v Deprivation of liberty indicators

• Unresponsive – unconscious – ‘profoundly disabled’

• Community DoL

• Hospitals – the new threshold

• The assessment and challenges

• Case study

• Guidance on the ruling

• DHSC AGNI Interim Guidance

• The prison cell paradigm

• Why did the Supreme Court make this decision

• Future case law?

• Supervisory bodies actions

• Restraint – guidance

• Liberty Protection Safeguards?

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. He was a Mental Health Act administrator for many years at the Maudsley Hospital advising clinical staff on their use of the legislation in practice. During this time, he was involved in the publication of the hospital’s guide to the Act, called the Maze. Following this, Steven was an in-patient advocate for Mind working across adult acute and dementia assessment wards. As an advocate he successfully challenged the assessment of mental capacity of a client directly before the Court of Protection.

Steven was a Mental Health Act Reviewer with the Care Quality Commission for over 10 years visiting and reviewing the care and treatment of patients detained under the Act. He also worked with the CQC as a specialist advisor on the Mental Capacity Act and DoLS.

Steven delivers training on both 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 including local authorities, CCGs, NHS Trusts, Welsh Health Boards, the police, hospices and prison health services. Steven delivers professional legal update courses for DoLS BIAs and Mental Health Assessors and AMHPs under the Mental Health Act. He has spoken at a series of Health Education England conferences on the use of the MCA at the end of life care. Steven was invited by members of the House of Lords to deliver training on the draft Liberty Protection Safeguards bill prior to detailed debate and amendments in the house. Steven is co-author of 3 books:

Working with the Mental Capacity Act 2005 (3rd edition) ISBN: 978-0-9552349-5-8

Working with the Mental Health Act (4th edition) ISBN: 978-0-9931324-1-4

Deprivation of Liberty Safeguards (DoLS) Handbook - 2nd edition (ISBN: 978-0-9931324-2-1)

Includes all course materials and a certificate. If you have any queries, please do not hesitate to email events@edgetraining.org.uk  or call 07341 277487.

All Event Bookings must be made online with payment made in full by credit / debit card.  We do not send invoices/use Purchase Order numbers for Event Bookings for NHS delegates.   (This policy does not affect our commissioned bookings)

Course access details will be emailed direct to delegate(s) upon completion of your booking.  

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