The Inherent Jurisdiction

Aims

This 3 hour course aims to provide essential information for staff working in local authorities on the use and application of the inherent jurisdiction when working with vulnerable clients.

Learning outcomes

By the end of the course participants will be able to:

• Understand the legal context of the inherent jurisdiction
• Consider when the inherent jurisdiction applies instead of the Mental Capacity Act
• Review examples and situations where the inherent jurisdiction has been used

Programme

The course will include the following key topics:

• The ‘great safety net’- the legal context of the inherent jurisdiction
• The powers and limitations of the inherent jurisdiction
• The situations where it applies – coercion, constraint and undue influence
• Case law examples – older adults
• Case law examples – young people
• Case law examples – when all else fails
• Case law examples –  Mental Capacity Act or the inherent jurisdiction
• Court applications for the inherent jurisdiction

The course will be delivered by Gemma Daly

Gemma is a barrister at Doughty Street Chambers where she practises in mental capacity law and related areas of mental health, inquests and inquiries, discrimination law, and public law. Gemma provides training on the Court of Protection and regularly appears in the CoP on behalf of local authorities, CCGs, litigation friends including the Official Solicitor, and family members. She has contributed to the mental capacity chapter in Lewis and Buchan’s Clinical Negligence A Practical Guide, and regularly co-writes the case law updates for LAG.

Gemma has a background in specialist welfare benefits advice and before being called to the Bar represented clients at the First-tier and Upper Tribunals. She also has extensive experience of providing training in social security law.

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.