BIA Legal Update (Annual Refresher) 6 February 2025

Aims

This one day course aims to provide an essential update on case law in relation to the role of the BIA.

Learning outcomes:

• Consider the latest DoLS news, research & guidance

• Examine the latest case law relevant to DoLS and the BIA role

• Reflect on how the information covered affects BIA practice

Programme- the day will include the following key topics which may be subject to some minor amendments to reflect the latest case law and guidance at the time of delivery :

• Coronavirus Act 2020 – overview & impact MHA, MCA & DoLS

• Court of Protection – guidance

• Coronavirus and DoLS – the first case law

• Deprivation of Liberty – ECHR onwards

• Restating the fundamentals of deprivation of liberty – case law

• DoLS appeals – case law

• National DoLS statistics

• Ombudsman ruling and Social Work England ruling

• CQC inspections and DoLS

• Assessing mental capacity – recent case law on use or weigh

• Representatives: the role of the BIA – case law

• Community DoL applications – case law

• 16-17 year olds and deprivation of liberty – Supreme Court ruling

• Self-neglect & assessing mental capacity – case

• DoLS case law summary sheet

• Case studies

• Liberty Protection Safeguards – overview

• DoLS > LPS – what is changing

• DoLS > LPS – what stays the same(ish)

• AMCP replacing the role of the BIA

The course will be delivered by Aasya Mughal

Aasya is a barrister and director of Edge Training & Consultancy Ltd. She was called to the Bar in 2003 and has provided legal representation for individuals and businesses in civil litigation cases and for patients in appeals against their detention under the Mental Health Act. Aasya also gained considerable experience as an in-patient advocate working with detained patients on a number of mental health wards and also appeared before the Court of Protection in this role.

Aasya has volunteered for the human rights organisation Liberty providing legal information and advice to the public on human rights law and also volunteers her time to deliver training to families on the Mental Capacity Act through Edge.  Most recently, she has been providing guidance to charities and members of the House of Lords on the Liberty Protection Safeguards including the drafting of amendments to the Mental Capacity (Amendment) Bill (now Mental Capacity (Amendment) Act 2019).

She is co-author of a smartphone App, three books and four wall charts on the Mental Health Act, Mental Capacity Act and Deprivation of Liberty Safeguards used by local authorities, hospitals, advocacy groups, universities and lawyers. These books are highly reviewed on Amazon.

Includes all course materials and a PDF certificate. Course access details will be emailed direct to delegate(s) upon completion of your booking.  If you have any queries, please do not hesitate to email events@edgetraining.org.uk  or call 07341 277487.

Delegates may also be interested in BIA Report Writing Skills course