BIA Legal Update (Annual Refresher) 25 August 2026

Aims

This one day 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 & 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 :

• Welcome and Introductions

• Return of the LPS?

• The acid test revisited in the Supreme Court  in2026- the AGNI judgment

• Unlearning the acid test and the new approach to the objective element

• New concept of valid consent v mental capacity

• DoLS refresher quiz

• Factors now relevant to identify a deprivation of liberty

• Chemical restraint

• Exceptions to DoLS

• Hospital cases

• DHSC AGNI Interim Guidance

• Next steps- Part 8 reviews

• Article 8 ECHR and contact orders in care homes- case law

• AJ & RPRs- case law refresher

• Case study- applying the AGNI approach

• Case study feedback

• Hospital case law- DoLS and MCA

• Mental Capacity Assessments- case law update (time permitting)

• Mental capacity & the role of ‘belief’- case law

• Mental capacity & the role of ‘insight’ or ‘executive dysfunction’

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.

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.  

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.

Delegates may also be interested in BIA Report Writing Skills course