BIA & DoLS Legal Update Training
Part of BASW's Taught Skills Programme
Delivered by BASW’s accredited training partner DCC-i via MS Teams.
This one-day programme is designed as a peer learning experience and refresher, providing detailed case law/practice updates and a reflective space to support those working in-depth with MCA and DoLS processes, BIA colleagues in practice, authorisers, and mental health assessors to explore these current issues in practice.
The session will also improve their awareness of coming changes. This course delivers the requirements of continued learning as per the MCA/DoLS regulations for Best Interest Assessors.
Learning Methods: This is training is delivered using an online interactive classroom approach and all delegates will be expected to take part to ensure an effective adult learning experience. Using whiteboards and breakout rooms, a combination of learning methods will be used throughout the day, including trainer presentation and group work in the form of case studies and reflection dilemmas to support application to practice. Learning Outcomes: Attending this session will provide participants with the following outcomes:
• Provide the opportunity to engage with relevant annual CPD requirements as per DoLS regulations.
• Update knowledge in relation to recent case law rulings and their impact on DoLS practice.
• Explore issues of interface with other legislation and application in the community (MHA, Care Act).
• Understand the current intentions for the BIA-AMCP transition and consider what that might mean for future practice.
• Reflect & Analyse upon Capacity determinations and Best Interest decision making in the courts and in practice.
• Critically reflect with colleagues on complex practice issues and areas, for example assessing people with brain injuries or personality disorder.
Resources Required: All delegates will need a laptop with a functioning Mic and Camera to allow effective participation. Laptops should have an up-to-date Browser such as Google Chrome or Microsoft Edge. Where possible delegates should be using the MS Teams App and have ensured it is fully updated.
Programme Outline:
9.15 Please log on to MS Teams and join the meeting
9.30 Introductions & Explanation of online methods.
9.40 Session 1: Recent developments
Working with the MCA in practice: Implications for practice :-
- Practice in the post Covid world
- MCA and DoLS in the news
- Caselaw themes of note for practice
11.00 COFFEE BREAK / SCREEN BREAK
11.20 Session 2: Practice Issues
Assessing Capacity: evidence and the burden of proof.
- Salient information in relation to refusing assessments and/or care – the implications for both DoLS and LPS
- Fluctuating capacity in the courts and in practice.
- What does executive capacity mean in the courts and in practice?
12.45 LUNCH BREAK / SCREEN BREAK
13.30 Session 3: Practice Issues
- Exploring meaningful consultation
- Identifying the most appropriate RPR and engaging stakeholders
- Revisiting the threshold for objection
15.15 COFFEE BREAK / SCREEN BREAK
15:30 Session 4: Complex Assessments
- Assessing the impact of complex presentations on Capacity and Best Interests assessments and processes.
16.20 EVALUATION AND FEEDBACK 16.30 CLOSE
The Trainer:
Daisy Long & Kane Barnacle
Daisy Long (nee Bogg) is a qualified social worker by background, who has spent a large part of her career working within integrated health and social care environments, providing and developing professional practice and leadership in health, social care and strategic settings. She is well published, and holds qualifications in Social Work, Counselling, Practice Education, Mental Capacity, Mental Health, ILM Mentoring, Leadership & Management, and Training.
Daisy is Visiting Fellow at the National Centre for Post Qualifying Social Work (NCPQSW) at Bournemouth University, a role she has held since 2015. Daisy oversees our business and consultancy projects and has particular expertise in relation to mental health, mental capacity, adult safeguarding and social justice related areas.
Kane has 16 years of social care experience working in both statutory and voluntary settings. Kane is a registered social worker and qualified independent advocate (previously a regional service manager). Kane currently practices as an Independent Social Worker - Expert Witness - for the Court of Protection (ISW), and, as an independent DoLS BIA specialising in complex assessments. Kane also practices as a Litigation Friend (s21A) and Rule 1.2 Rep.
Kane is a self-confessed legal nerd and is currently studying an Advanced Masters in Law [AMIL LLM] in International Human Rights Law. Kane is also in private practice and provides a range of advocacy and assessment services as well as being part of the DCC-i crew.