LAG Community Care Conference 2014

LAG has just announced details of its annual community care conference on 5 December 2014:

Social care law developments: waving or drowning?

EARLY BIRD OFFER EXTENDED TO 24 NOVEMBER: click here

Lady Hale will be delivering the keynote speech and the closing remarks are from Richard Gordon QC on Cheshire West.

Panel discussions on:

  • The Care Act 2014 – good, bad or indifferent?
  • Mental capacity and deprivation of liberty
  • The new care landscape for adults who fail the eligibility hurdle and for carers

master classes in the following areas:

  • Public law challenges for disabled children and families
  • The future of paying for care
  • Community care and people from abroad
  • Human rights after McDonald v UK
  • Accountability and access to public law remedies
  • Best practice in health and welfare applications in the COP

 

Lady Hale on DoLs and the Mental Capacity Act

Lady Hale gave a highly interesting speech to the Mental Health Tribunal Members’ Association on 17 October 2014 covering in great detail the history of Deprivation of Liberty Safeguards and the Mental Capacity Act.  Click here to read.

HT to Lucy Series (@TheSmallPlaces) for drawing our attention to this.

 

Acting as a Litigation Friend in the Court of Protection – new Guidance now out

Alex has spent a significant part of this year working on guidance commissioned by the Department of Health for IMCAs, RPRs and other advocates (as well as family members and friends of putative ‘P’s) considering acting as litigation friends in the Court of Protection.

The guidance has now been published, and is hosted by the University of Manchester, available here.   As it says in its introduction:

Th[e] Guidance aims to demystify the Court of Protection generally and the role of litigation friend specifically so as to enable more people to consider taking up the role – thereby ensuring the better promotion and protection of the rights of those said to be lacking capacity to take their own decisions.

Because of its scope, it guidance may also serve as a useful (free) overview for others wishing to learn more about the Court of Protection.

The guidance is primarily aimed at proceedings relating to health and welfare, and its chapter headings are as follows:

A:    Overview

B:    An overview of the Court of Protection

C:    Who can be a litigation friend for P in proceedings before the Court of Protection?

D:    Becoming a litigation friend and instructing lawyers

E:    What does a litigation friend do?

F:    When is it appropriate to bring a case to the Court of Protection as litigation friend for P?

G:    How do cases before the Court of Protection proceed?

H:    When would an appointment of a litigation friend come to an end?

I:     Practicalities

J:     Frequently asked questions

K:    Useful sources of information

There are also appendices containing checklists, a template position statement and details of the ‘balance sheet’ approach.

Alex is very grateful indeed to the very many people who took the time to attend workshops and comment upon drafts, and generally – he hopes – to assist in producing a document that will be of actual use!