Community Deprivation of Liberty course

Customer feedback from previous courses:

"The training was excellent, and the resources and information you shared will be really valuable to me in my work….a BIG thank you" (Donna, social worker)

"Many thanks for your presentation yesterday as always your wealth of knowledge is able to dispel some of the myths around deprivation liberty issues to provide me with much-needed clarity" (Mark, social worker)

This one-day online course with Neil Allen, Barrister at 39 Essex Chambers, is for health and social care professionals who already have a good knowledge of the Mental Capacity Act 2005 and wish to enhance their skills and knowledge. It focuses on the Court of Protection and deprivations of liberty in the community. Local authorities can book discounted places for groups of staff by emailing neil@lpslaw.co.uk and LPS members can take advantage of promotional codes.

It will be run on Zoom, with course materials provided.

Course Content

In addition to the use of case studies to assist learning, participants will be encouraged to identify their own legal and practice issues for discussion. Amongst the areas to be considered will be the following:

• Quick reminder of the MCA statutory principles
• Assessing whether someone can make a decision and determining best interests if they cannot
• Differences between Independent Mental Capacity Advocates, rule 1.2 representatives, accredited legal representatives and litigation friends
• Distinguishing restricted movement from deprivations of liberty, following the Supreme Court’s decision in Cheshire West, in a variety of community care settings
• Authorising deprivations of liberty under the Court of Protection COPDOL11 process
• Consideration of the interface with the Mental Health Act 1983 in the community

What do I get?

1. A wealth of online resources (slides, scenarios, quizzes, legal guidance)
2. An interactive session with others practising in this area of the law
3. Plenary and break out sessions to discuss questions and dilemmas
4. A certificate of 6-hour attendance for CPD purposes

Learning Objectives

By the end of the course, you will:

1. Have an awareness of the legal principles of the MCA and how they work in practice
2. Develop confidence in using the legislation to assess mental capacity and determine best interests, and robustly documenting the same
3. Understand the difference between restricting movement and depriving liberty
4. Be able to identify which legal procedure is required to authorise a deprivation of liberty
5. Have a better understanding of when and how to access the Court of Protection
6. Be able to access further online resources to develop learning