The Bournewood Case: Mental Capacity Assessments - The New Legal Framework (Half-day course)

DATES:

4 March 2008

TIMES:

1.45pm - 5.15pm

TRAINER:

Jean Gould

CPD POINTS: (Accredited by The Institute of Legal Executives and The Law Society)

2.5 Hours

This new half-day course will explain the Bournewood case and its legal significance for patients and care home residents who lack mental capacity, and to providers, local authorities and PCTs. It will examine the significant changes to the Mental Capacity Act 2005 and the requirements of the new mental capacity assessments. It is particularly suitable for policy staff and managers who want to ensure that they are prepared to meet the challenges of these radical legal developments.

Aims:

• To explain the Bournewood case and clarify its legal significance
• To enable participants to understand the new legal framework including assessment requirements and reviews/challenges
• To help participants identify when there may be a ‘deprivation of liberty’ to trigger the new legal requirements

Includes:

• The Bournewood case: HL v UK
• Amendments to the Mental Capacity Act 2005 introduced by the Mental Health Act 2007
• The legal requirements of the new assessments
• Reviews, challenges and the role of the Court of Protection
  A review of the current case law and likely meaning and scope of ‘deprivation of liberty’