Westminster Legal Policy Forum

Deprivation of Liberty - implementing new mental capacity legislation, human rights issues, and addressing challenges for professionals working in the system

November 2019


This conference will discuss the practical implications of reforms emanating from the Mental Capacity (Amendment) Act.


The Act is designed to simplify the authorisation of health and social care arrangements whilst ensuring that patients are not unnecessarily being deprived of their liberty.


The seminar will also be an opportunity for stakeholders and policymakers to discuss the usefulness and effectiveness of the new Code of Practice for the Liberty Protection Safeguards - which outlines guidance on operational aspects and decision-making protocols on deprivation of liberty - as well as implementation issues it presents.


The timing of the conference is significant, with the Government expected to be consulting on the Code of Practice for the Liberty Protection Safeguards.


Keynote speakers and participation by policy officials


The agenda includes a keynote contributions from: Nick Goodwin, Public Guardian and Chief Executive, Office of the Public Guardian; Baroness Finlay of Llandaff, Chair, National Mental Capacity Forum; and Michael Henson-Webb, Head of Legal, Mind.


Westminster Legal Policy Forum conferences typically attract strong interest from policymakers. This seminar will be an opportunity for stakeholders to engage with officials who have already reserved places representing the DfE, Department of Health and Social Care; HMCTS; HMPPS and the Ministry of Justice.


Areas for discussion in the agenda include:


  • The route to Mental Capacity reforms - the Law Commission’s initial report and findings, and how government has taken this forward into policy reforms and developed the new Liberty Protection Safeguards following policy recommendations;
  • Implementing the Mental Capacity (Amendment) Act - including:
    • Resourcing for the reformed system;
    • Education and training of practitioners;
    • The new roles of stakeholders following the Liberty Protection Safeguards; and
    • The way relationships are managed between care providers, professionals working in the system, and those in care.
  • Priorities for the Office of the Public Guardian (OPG) - with the new Public Guardian now appointed, delegates will discuss issues around lasting power of attorney following the recent rise in abuse complaints regarding their use. We also expect discussion on the OPG’s Improving how we support adults at risk safeguarding strategy that looks to improve collaboration with partners, raise awareness in the sector, and strengthen the Office’s focus on service users;
  • The role of the judiciary and access to redress - examining the Act in relation to concerns over the appeal procedures, the complexity of the redress schemes, and cases being wrongly brought to the Court of Protection, as well as the use of alternative methods of resolving disputes; and
  • Next steps for policy - with the full reforms anticipated to be implemented by Spring 2020, how government should continue to work with those affected to ensure that concerns are addressed and effectively implement the Liberty Safeguard Protections.

We expect discussion to also draw on issues raised in:



Price: £95 PLUS VAT
Format: DOWNLOADABLE PDF


Shortly after every Westminster Legal Policy Forum seminar, a briefing document is produced. This is distributed to all delegates on the day as well as to our policymaker contacts in government, and to stakeholders more widely.

A seminar publication provides a timely record of proceedings, and acts as a guide to the latest thinking on current policy issues for those unable to be at the event.

This publication includes

Presentations

Contributions from keynotes and panellists, including accompanying slides*
*Subject to approval


Delegate Pack

Information from the day, including delegate list, biographies and agenda

Q&A

Transcript of questions and comments posed to speakers from attending delegates


Articles

Supplementary articles from speakers
and delegates