Social Care Law Update Training for Social Work Practitioners and Managers:
Care Act 2014
• The importance of individual well-being
• The rights of self-funders
• What is a lawful assessment process (R(JF) v Merton )
• The legality of the funding panel
• When must advocacy be provided (R(SG) v Haringey )
• The “Luke Davey case”
Mental Capacity Act 2005
• The capacity assessment
• Best interests and the importance of wishes and feelings
• What happens when past & present wishes and feelings conflict?
• Best wishes and religious practices
• Private law v public law – funding decisions and best interests
Transition from Deprivation of Liberty Safeguards to Liberty Protection Safeguards
• What can be authorised by the new scheme?
• Who is the responsible body?
• The required assessments
• New professional roles
• The safeguards
• Wider reforms of the MCA
• Next steps
Delivered by Tim Spencer-Lane
Tim is a lawyer who specialises in mental health, mental capacity and social care law. He works for the Government Legal Department (Department of Health and Social Care) where he advises on mental health and mental capacity law. He is primarily working on the implementation of the Mental Capacity (Amendment) Act 2019.