Course Level: Update
Course date: 14 May 2018
Venue: Garden Court Chambers
Course Time: 9.15am-5.15 pm
Accreditation: 6 hours CPD
Lecturers’ Names: Karen Ashton, Michael Kennedy and Shu Shin Luh
Description and brief synopsis
There have been many significant developments in the various branches of community care law over the last 12 months.
This one day course will cover:
Adults: Health and social care developments
Karen Ashton will provide an overview of developments in the field over the past 12 months, which will include examining the effectiveness of one of the big new ideas of the Care Act 2014 – the wellbeing duty. The failure of the Davey case in the Court of Appeal will be considered in some detail and contrasted with the only case to date to have found a breach of the duty, R(JF) v London Borough of Merton.
The Court of Protection: how does that fit with community care law?
Michael Kennedy will provide an update in relation to key developments (including case law) in the Court of Protection over the last year – with a focus on the links between the jurisdiction of the Court of Protection and community care law. For example, Michael will examine scenarios such as: ‘hoarding’; refusals to accept a Care Act assessment and safeguarding – and how the Court of Protection may be called on in such situations.
Community care and support for migrants
Shu Shin Luh will cover key developments in the field of Migrant Support law, including the important changes being brought in under the Immigration Act 2016 affecting care leavers and migrant families, as well as how the right to rent impacts on these support provisions. A review of court decisions on accommodation for migrant families under s17 of the Children Act 1989 will be discussed, as well as accommodation under the Care Act 2014 and the Localism Act 2011 and an update on healthcare rights for migrants.This course provides an overview of the legal framework for the delivery of community care and will draw out some of the implication for practice. It is suitable for lawyers and advisors, and for social care practitioners who are starting out in Community Care work.
Aims and objectives
∙ To update community care practitioners with all the developments in the field over the last twelve months;
∙ To draw out the links between the Care Act 2014 (e.g. assessments; safeguarding) and the Mental Capacity Act 2005 and how the Court of Protection may be of some assistance to your clients.
Area of specialism
Practitioners working in the health, social care and mental health fields.
Lecture format. Case studies and question and answer sessions enable delegates to explore this area of law. Comprehensive course handouts will be distributed to all delegates.
Details of speakers/trainers
Karen Ashton is Head of Public Law and Community Care at Central England Law Centre and specialises in community care and health services law. She co-authors the Community Care Update for LAG and writes and trains regularly in this field. She is a peer reviewer in community care for the Legal Aid Agency.
Michael Kennedy is Head of the Court of Protection, Health & Welfare and Mental Health Law departments at Switalskis Solicitors, Yorkshire. He is vice-chair of the Mental Health Lawyers Association and has published in the field of mental health and capacity law. He is an associate senior lecturer at Leeds Beckett University, where he teaches law to mental health professionals and is a Law Society Assessor for the mental capacity (accredited legal representative) scheme.
Shu Shin Luh is an established practitioner whose community care law practice has a strong anti-discrimination and human rights focus. Her core client groups are disabled and separated / unaccompanied children, vulnerable adults including the mentally ill and mentally incapacitated and victims of trafficking, particularly where her clients are subject to immigration control. She is a regular contributor to the Garden Court Social Welfare Bulletin and was actively involved as a legal advisor to leading NGOs during the passage of the Immigration Act 2016.
Commercial rate: £215 + VAT - commercial organisations including barristers and solicitors in private practice.
Standard rate: £205 + VAT - statutory and not for profit organisations.