The New Liberty Protection Safeguards & Deprivation of Liberty - What Are the Implications?
The Liberty Protection Safeguards have recently been agreed by Parliament.
They will replace the much criticized Deprivation of Liberty Safeguards and provide a new scheme for protecting people who lack capacity to consent to their living arrangements and are deprived of their liberty.
The Liberty Protection Safeguards can apply in any setting, including care homes, supported living, and domestic and family settings. They are due to be implemented in 2020.
Mental capacity law - and in particular the question of deprivation of liberty - has been the subject of a number of high-profile developments in recent years and it is vital that practitioners can recognise when a deprivation of liberty is occurring and take the appropriate action to ensure that safeguards are delivered in accordance with Article 5 of the ECHR.
This new half day course will provide an opportunity to learn about and discuss the new Liberty Protection Safeguards scheme and to consider its likely implications. It will also enable you to have a better understanding of how the law defines a deprivation of liberty and when action needs to be taken.
This course is for all lawyers who use mental capacity law in their practice or work with older and disabled clients.
What You Will Learn
The course will enable you to:
- Identify the key assessments and determinations that must be completed
- Appreciate the new role allocated to care home managers
- Be able to identify which public body will be the ‘responsible body’
- Know about the new professional roles in the new system such as the Approved Mental Capacity Professional
- Understand the new role of advocacy, and the Court of Protection
- Identify the next steps in the law reform process (such as the new code of practice and regulations)
- Understand the meaning of deprivation of liberty in different settings
- Know what action to take when someone is deprived of liberty
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme