BIA Legal Update (Annual Refresher) 6 & 7 November 2023

PART 1: 6 Nov 2023 10:00 to 13.00

PART 2: 7 Nov 2023 10.00 to 13:00

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

• Liberty Protection Safeguards (LPS) update

• DoLS annual statistics England

• Section 21A appeals

• CQC inspections of local authorities and DoLS

• Case studies

• Best Interests – case law

• No Refusals assessment

• Restrictions – the right to see people (visiting)

• Risk of harm to self and DoLS

• Restrictions – surveillance equipment

• Hoarding and DoLS – case law

• Chemical restraint update and guidance

• Conditions

• Relevant Persons Representative

• IMCAs – which type and when?

• DoLS and the Mental Health Act interface

• CTO and MCA example

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. Course access details will be emailed direct to delegate(s) upon completion of your booking.  If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk  or call 07341 277487.

Delegates may also be interested in BIA Report Writing Skills course