Mental Health Law - 2023 Virtual Conference

Introduction

This live virtual conference chaired by Tim Spencer Lane, and with a panel of experts, will examine a range of topical issues including the new Mental Health Bill and Children, Mental Health & Deprivation of Liberty.

Each session will provide opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am - 11am: The New Mental Capacity Act Code of Practice & the Liberty Protection Safeguards

This session will provide an update on the new Mental Capacity Act Code of Practice, as well as the new Liberty Protection Safeguards which are due to replace the Deprivation of Liberty Safeguards.

This session will include :

• How the new Code frames the mental capacity assessment and best interests decision making process
• What are the key changes in the Code for attorneys and deputies?
• The meaning of deprivation of liberty set out in the Code
• How the Liberty Protection Safeguards will authorise deprivation of liberty for instance in private and domestic settings?
• Who are the main decision makers under the Liberty Protection Safeguards?
• What are the next steps for the Code and the Liberty Protection Safeguards?

AM break

With the publication of the MHA white paper, the consultation on the reform of the HRA 1998, HMCTS ongoing response to COVID-19, the new delays to LPS, as well as some far-reaching cases, it has certainly been a busy year!

In this session, we look at all the key mental health and mental capacity legal and practice developments which took place in the last 12 months and look at what they will mean for the future.

This session will include:

• The progress being made towards the reform of the Mental Health Act and what the result might look like
• Why court and tribunal virtual hearings are here to stay - and what to do about them
• A round-up of all the key cases and issued guidance from the last 12 months
• Expected challenges facing the mental health and mental capacity legal professionals over the next 12 months

12.10pm - 1.10pm: The Interaction between s117 Mental Health Act 1983 & Continuing Healthcare Funding

Working out who pays for what when a patient with enduring physical health problems is discharged from detention in a psychiatric establishment can be a difficult and time-consuming business. When Local Authorities and CCGs become involved in disputes over the, often, significant sums involved, it is very often the service user who loses out, as they must both wait in hospital whilst the dispute is resolved and because the cheapest option being pursued is not always the best for the service user’s mental or physical health.

This session discusses what the solicitor can do to help resolve such disagreements in their clients’ favour and challenge any care or funding decisions with which their client disagrees.

This session will include:

• The limitations to s117 funding
• The legislation, national framework documents and key cases for continuing healthcare funding
• The importance of written evidence in the completion of decision support tools
• What a primary health need is
• How ‘double scoring’ and ‘well managed needs’ often result in CHC funding being, incorrectly, refused

Break for lunch

Partly as a consequence of the impact of the COVID-19 pandemic, we are seeing an increase nationally in the demand for children’s mental health provision in the context of an already over-stretched sector provision wise. Over the past two years we have seen a number of cases in the courts focusing on this issue in the context of deprivation of liberty.

This session will include:

• The alternative legal mechanisms for authorising a deprivation of liberty for children under 18 requiring a restrictive care plan
• Understanding when court approval is required
• A summary of the available short term common law and miscellaneous powers that are available to safeguard vulnerable children and young people
• A summary of the relevant recent caselaw on this topic such as Wigan BC v Y (Refusal to Authorise Deprivation of Liberty) [2021] concerning the deprivation of liberty of a 12 year old child with mental health issues
• The competing responsibilities of public authorities to the child, their staff and other patients/service users under the ECHR and the Children Act

PM Break

The aim of this session is to provide an update on the Government’s Bill which will introduce major reforms to the Mental Health Act 1983. The Bill aims to implement many of the recommendations made by the Wessely Committee.

This session will include:

• The new ‘tightened’ detention criteria
• The new safeguards for compulsory medical treatment
• The nominated person role
• The reforms to the community powers under the Mental Health Act
• New powers for Mental Health Tribunals
• What are the next steps for reform of the Mental Health Act?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.