deprivation of liberty safeguards - Social Perspectives Network

JOINT HEALTHCARE EVENTS AND CAPSTICKS CONFERENCEImplementing the Mental Capacity ActDEPRIVATION OFLIBERTY SAFEGUARDSin Health and Social CareFriday 15 May 2009Manchester Conference Centre, ManchesterTopics include:✔ Implementing the Deprivation of LibertySafeguards in practice: moving forward✔ Monitoring the safeguards✔ EXTENDED SESSION: Deprivation of Liberty:legal issues and update✔ Applications and authorisation✔ The role of the Independent MentalCapacity Advocate (IMCA) and the relevantperson’s representative✔ Mental health: linking with the MentalHealth Act✔ A care home perspective✔ Linking with personalisation✔ Consulting around best interests✔ Moving forward in practiceChairman:Toby Williamson Head of Development The Mental HealthFoundation and Former Stakeholder and Communications Managerfor the Mental Capacity Implementation ProgrammeMinistry of JusticeAn IHM recognised conferenceEndorsed bySuitable for yourCPD programme

JOINT HEALTHCARE EVENTS AND CAPSTICKS CONFERENCEImplementing the Mental Capacity ActDEPRIVATION OFLIBERTY SAFEGUARDSin Health and Social CareFriday 15 May 2009 Manchester Conference Centre, ManchesterChaired by Toby Williamson Head of Development The Mental Health Foundation and FormerStakeholder and Communications Manager for the Mental Capacity ImplementationProgramme Ministry of Justice, this one day conference begins with a keynote address fromPaul Gantley National Programme Implementation Manager, Mental Capacity Act Departmentof Health who will discuss what the Deprivation of Liberty Safeguards are, why they wereintroduced, the code of practice and key points for implementation.An extended session examines the legal issues and implications surrounding the Deprivationof Liberty, including what case law says regarding Deprivation of Liberty and how Deprivationof Liberty fit and conflict with the Mental Capacity and Mental Health Acts.A series of case studies will give perspectives on moving forward – including examples of howa best interest’s decision would be made.You will have the opportunity to hear from a mentalhealth trust, a care home and a county council, and question the conference panel about yourown issues and concerns in implementing the Deprivation of Liberty Safeguards.The Safeguards will come into force in April 2009.The Deprivation of Liberty Safeguards Code of Practice was laid in draft beforeParliament by the Lord Chancellor on 13 June 2008 and the final version of the code waspublished on 26 August 2008.The Deprivation of Liberty Safeguards have been introduced into the Mental CapacityAct 2005 by the Mental Health Act 2007. The safeguards provide a framework forapproving the Deprivation of Liberty for people who lack the capacity to consent totreatment or care in either a hospital or care home that, in their own best interests, canonly be provided in circumstances that amount to a Deprivation of Liberty. Thesafeguards legislation contains detailed requirements about when and how Deprivationof Liberty may be authorised. It provides for an assessment process that must beundertaken before Deprivation of Liberty may be authorised and detailed arrangementsfor renewing and challenging the authorisation of Deprivation of Liberty.The Code of Practice contains guidance on the Deprivation of Liberty Safeguards. It isparticularly intended to provide guidance for professionals involved in administering anddelivering the safeguards, who are under a duty to have regard to the Code. The Code isalso intended to provide information for people who are, or could become, subject to theDeprivation of Liberty Safeguards, and for their families, friends and carers, as well as foranyone who believes that someone is being deprived of their liberty unlawfully.MENTAL CAPACITY ACT 2005: DEPRIVATION OF LIBERTY SAFEGUARDS– CODE OF PRACTICE TO SUPPLEMENT THE MAIN MENTAL CAPACITY ACT 2005 CODE OF PRACTICE, MINISTRY OF JUSTICE, 26 AUGUST 2008Capsticks Solicitors LLP is one of theUK’s leading healthcare law firms.It acts for over 200 NHS, regulatory,voluntary and private sector healthcareorganisations including theDepartment of Health, the GeneralDental Council, the Nursing andMidwifery Council, the HealthcareCommission, Nuffield Hospitals andTerrence Higgins Trust. CapsticksSolicitors LLP specialised mental healthlawyers provide advice in many areas,including capacity, consent, compulsorytreatment, detention and psychiatricclaims, as well as the mental capacityissues resulting from the Bournewoodjudgment. Our mental health clientsalso value our expertise in areas ofcrossover between mental health andsocial care, such as NHS-fundedcontinuing care.www.capsticks.com

Chairman: Toby Williamson Head of Development The Mental Health Foundation and Former Stakeholder andCommunications Manager Mental Capacity Implementation Programme Ministry of Justice10.00 Chairman’s opening address10.10 Implementing the Deprivation of Liberty Safeguards in practice: moving forwardPaul GantleyNational Programme Implementation Manager,Mental Capacity ActDepartment of Health● what are the Deprivation of Liberty Safeguards and why were they introduced● who is covered by the safeguards and where do they apply?● implementing and understanding the Code of Practice● key points for local authorities, NHS bodies, care homes, managing authorities andsupervisory bodies● developments, experiences and perspectives from the Mental Capacity ActImplementation Groups10.50 Monitoring the safeguardsAnthony DeeryHead of Mental Health OperationsThe Care Quality Commission11.20 Questions and answers, followed by lunch and exhibitionE X T E N D E D S E S S I O N11.50 Deprivation of Liberty: legal issues and updateAshley IronsPartnerCapsticks Solicitors LLP● how will the safeguards be monitored in practice● the inspection process● sharing good practice● current UK and European case law on Deprivation of Liberty● when keeping someone safe = Deprivation of Liberty?● capacity and best interests● restraint v duties of care conflict: overlap with the Mental Capacity and Mental Health Actsand common law● how courts will distinguish between lawful and unlawful detention● reducing the risk of claims12.50 Questions and answers, followed by lunch and exhibition14.00 Applications and authorisationGreg SlayMental Capacity Act Implementation LeadAssociation of Directors of Adult Social Servicesand Practice Development ManagerWest Sussex County Council● what should a managing authority consider before applying for authorisationof Deprivation of Liberty?● making an application● standard and emergency applications● the assessment and authorisation process● restrictions and reviews14.45 The role of the Independent Mental Capacity Advocate (IMCA) and the relevant person’s representativeMr Andrew MakinNursing Director Older Older People/End of Life CareThe Registered Nursing Home Associationand Mental Capacity Advocate15.15 Questions and answers, followed by tea and exhibition15.35 LOOKING AHEADPANEL C ASE STUDIES● the role of the relevant persons representative● appointing and working with the relevant person’s representative● when an IMCA should and can be instructed● the role of the IMCAThis session will give different perspectives from a variety of providers upon the impact of the safeguards:Mental Health: linking with the Mental Health ActAn example and perspective from care homesLinking with personalisationConsulting around best interestsMoving forward in practiceNick BlackledgeService Governance Lead – Mental Health Act and Mental Capacity ActManchester Mental Health and Social Care TrustFrank UrsellCEORegistered Nursing Home AssociationTerry RichDirector of Social Services and HousingLondon Borough of BromleyDr Jim EcclesConsultant Geriatrician and Chair of the Clinical Ethics CommitteeLeeds Teaching Hospitals NHS TrustChris TaskerDeprivation of Liberty Implementation Project ManagerHackney Council and Founder The National Associationof Best Interests Assessors17.00 Questions and answers, followed by close

Implementing the Mental Capacity ActDEPRIVATION OF LIBERTY SAFEGUARDSin Health and Social CareFriday 15 May 2009 Manchester Conference Centre, ManchesterHow to bookFax the booking form to020 8547 2300Through our website at:www.healthcare-events.co.ukConference RegistrationAll of our brochures are made frompaper manufactured from sustainableforests. Once you have finished withthis brochure please recycle the paper.Post this form to Healthcare Events2 Acre Road, Kingston, Surrey KT2 6EFe mYour details (Please complete a new form for each delegate. Photocopies are acceptable)PaymentDr Mr Mrs MsFirst nameSurnameJob TitleDepartmentOrganisationAddress(Please circle)By cheque A cheque foris enclosedPlease make cheques payable to: Healthcare Events Ltd. Cheques can be £ or Euros (1 Euro = £0.90)By invoice Please send an invoice toName (IN BLOCK CAPITALS)OrganisationAddressPostcodeTelephoneFaxEmailPostcodePurchase order number if applicableBy BACSFor payments in £: Sort Code 20-23-97 Account No. 60297275For payments in Euros: Sort Code 20-23-97 Account No. 56027500■ Please send your BACS remittance form as confirmation of payment■ Your BACS referencePlease write your address clearly as confirmation will be sent by e-mail.If you prefer confirmation by post please tick this box.Please also ensure you complete your full postal address details for our records.Please specify any special dietary or access requirementsBy credit card Please debit my Visa/Mastercard/SwitchCardholder’s nameCard No.Valid fromExpiry dateAll sections mustbe completedThis form must be signed by the delegate or an authorised personbefore we can accept the booking(By signing this form, you are accepting the terms and conditions below)NameSignatureIssue No. (Switch only)Card security codeSignatureCard billing address(This is the last three digits of the numberprinted on the back of your card)DateFor office use onlyIHM Members I am an IHM Member IHM membership number To find out more about becoming an IHM member, please visit www.ihm.org.ukConference handbookVenueManchester Conference Centre (UMIST),Weston Building,Sackville Street, Manchester, M1 3BB.A map of the venuewill be sent with confirmation of your booking.DateFriday 15 May 2009.Conference fee£355 + VAT (£408.25) for NHS, social care andprivate healthcare organisations.£300 + VAT (£345.00) for voluntary sector/charities.£495 + VAT (£569.25) for commercial organisations.£300 + VAT (£345.00) for IHM members.The fee includes lunch, refreshments and a copy of theconference handbook.Group ratesA discount of 15% is available to all but the firstdelegate from the same organisation, booked atthe same time, for the same conference..Terms and conditionsA refund, less a 20% administration fee,will be made if cancellations are received,in writing, at least 4 weeks before the conference.We regret that any cancellation after this timecannot be refunded, and that refunds for failure toattend the conference cannot be made, butsubstitute delegates are welcome at any time.Confirmation of bookingAll bookings will be confirmed by email, unless statedotherwise. Please contact us if you have not receivedconfirmation 7–10 days after submitting your booking.AccommodationOn confirmation of your booking you will receivedetails of accommodation.ExhibitionIf you are interested in exhibiting at this event,please contact Gemma Belford on 020 8541 1399,or email gemma@healthcare-events.co.ukCreditsSuitable for your CPD programme.An IHM recognised conference.For more information contact Healthcare Events on 020 8541 1399 or email jayne@healthcare-events.co.ukThe information you provide will be held on the Healthcare Events’ databaseand may be used to update you with details of other events that we organise.If you DO NOT wish to receive this information, please tick this boxI cannot attend the conference but would like a copy of the conference handbook which includes speaker slides @ £69 a copy.The handbook will be sent out a week after the conference, please fill in the ‘Your details’ section above for delivery.Handbooks ordered up until two months after the conference will be supplied as a hardcopy in an A4 ring binder, those ordered after this time will be posted as a PDF document on CD.We occasionally release your details to companies sponsoringor exhibiting at our events. If you DO NOT wish to receiveinformation from these companies, please tick this boxHealthcare Events reserve the right to make changesto speakers and programmes without prior notice.© Healthcare Events Ltd 2009.For a full list of our conferences, please visit www.healthcare-events.co.uk