How to identify a deprivation of liberty 8 May 2024

In 2014, a landmark Supreme Court judgment set out an 'acid test' to identify a deprivation of liberty. Since then, various judgments have added to the legal landscape and considered the nuances of this now infamous test. Nearly a decade later, we have a significant bank of case law concerning various settings and varying degrees of treatment and care, including the use of technology and whether these constitute a deprivation of liberty. This practical course will help participants break down the key messages from judges in the Court of Protection and apply them to their own cases. Questions will be encouraged throughout to assist understanding.

With the Liberty Protection Safeguards no longer coming into force in this Parliament, there is a need to refocus on legal authorisation of Deprivation of Liberty Safeguards. Recognising when a person mets the acid test is one of the first steps in this process. This course will briefly consider what the further delay to LPS means in real terms.

The course will be delivered by one of the authors of The DoLS Handbook, a former Amazon bestseller widely used by DoLS professionals, universities and others.

Please read these notes before booking:

• This is not a course on the Liberty Protection Safeguards.
• This course will cover adults only. For deprivation of liberty in children and young people click here
• Basic knowledge of the Mental Capacity Act is essential for this course to be effective.

Who needs this course?

The course will also be useful:

• Social workers, nurses, OTs, CHC assessors and doctors responsible for community DoL applications,
• BIAs that are out of practice and DoLS teams
• Care home managers,

Key topics:

• Back to Bournewood & the need for DoLS
• Article 5 ECHR and the Human Rights Act
• What did the Supreme Court mean by the acid test and the gilded cage?
• Imputable to the state- how broad is this?
• Deprivation of liberty in hospitals- case law examples
• Deprivation of liberty in care homes- case law examples
• Deprivation of liberty in community settings
• Deprivation of liberty & the use of technology
• Community DoL or Community DoLS? Why does the S matter?
• The future- goodbye LPS (for now?).

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.

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 events@edgetraining.org.uk  or call 07341 277487.