DoL, Children & Young People 2 December 2021

2  December 10:00-17:00

Aims:

This one day course aims to update staff working with children, young people and those in transition with the latest case law and developments in relation to deprivation of liberty. The course will consider these developments and the impact on practice. It examines the Supreme Court ruling on deprivation of liberty and considers practical issues in its application for children and young people.

Learning Outcomes:

· Understand the ‘presumption of capacity’ from age 16; the overlap with parental responsibility until the age of 18 and how this differs to consent provided for children under 16

· Understand the supreme court ruling and it’s application to those aged under 18

· Identify when a deprivation of liberty may be occurring and how to make it lawful:

Programme:

The day will include the following key topics:

Latest News ‘a storm waiting to happen’,

Case Law and understanding key concepts

Article 5 and consequences

Group discussion; is this DoL in children- 10, 17 and 18?

Elements of Article 5-subjective, objective and State imputability

Objective confinement:

Deprivation of Liberty- European Court Onwards

The Supreme Court Judgement

The new threshold for DoL or the acid test - MIG

‘Continuous supervision and control - guidance

Not free to leave – guidance

Application of judgement to children and Young People- the ‘nuanced test’

Law Society Guidance applying the Supreme Court Judgement to Under 18’s

Universal Constraints

Subjective element-Whose decisions count?

Consent aged under 16 and the role of parents

Consent aged 16-17 years and the role of parents

The MCA 2005 and 16-17 year olds

MCA and children case law

Case law:

Children aged 15

Young People Aged 16 and17 years

Children subject to ICO and Care Orders

Deprivation of Liberty-how to make it lawful

18 plus care home or hospital

18 plus not in a care home or hospital

16-17 in any placement

Under 16 in any placement

The course will be delivered by Dawn Revell

Dawn is a qualified Social Worker having obtained her professional status over 18 years ago. She continues to practice as an Approved Mental Health Professional (AMHP) under the Mental Health Act 1983.She is a joint trained investigator for safeguarding adults and presently has responsibility for managing and advising on complex safeguarding adult cases.  Dawn presently manages a generic, county wide social services emergency duty team. She has worked as an associate trainer for over 4 years and has designed, facilitated and delivered training on risk assessment, mental health, mental capacity and safeguarding adults.

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.

Are you a Local Authority, NHS Trust or CCG ?

If you are a Local Authority, NHS Trust or CCG and require an invoice please email assistant@edgetraining.org.uk for a booking form