November 2019
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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:
