Date: 15th September 2021
Time: 09:30 - 12:45
CPD Hours: 3hoursDuring this seminar our speakers will offer practical guidance on identifying deprivation of liberty situations and the available remedies.
3 hours verifiable CPD
In 2004 the decision of the European Court of Human Rights in the ‘Bournewood case’ highlighted the need for legislative reform to safeguard the rights of those who lack capacity and are deprived of their liberty under Article 5 of the European Convention on Human Rights (ECHR). In England and Wales, a Deprivation of Liberty Safeguards (DoLS) scheme was brought into force on 1 April 2009 as a response and has since been updated. Scotland, however, currently lacks explicit legislative provision equivalent to that in place in England and Wales. This contributes to a lack of awareness of, and alertness to, potential situations of deprivation of liberty in relation to those who lack capacity to consent to such arrangements: an issue which has been further exacerbated by the pandemic outbreak.
During this seminar our speakers will offer practical guidance on identifying deprivation of liberty situations and the available remedies, guide you through your professional responsibilities, and reflect on the future direction of legislative reform and what we can learn from other jurisdictions. Throughout the seminar you will have the opportunity to ask questions and to discuss practical cases and scenarios with speakers and colleagues.
- Refresh your knowledge of Article 5 ECHR in relation to adults who lack capacity to consent to deprivations of liberty
- Increase your understanding of the situations which may amount to a deprivation of liberty
- Increase your awareness of the remedies which may be available under Article 5 ECHR and how they may be exercised
- Reflect on the wider human rights considerations in both domestic and international context
- Join speakers and colleagues in the discussion of practical cases and scenarios
- Learn about the direction of future reform
- Overview of the issue, in both domestic and international context
- Covid-19 impact on deprivation of liberty
- Human rights considerations
- Defining deprivation of liberty: overview of legislation and case law
- How to identify deprivation of liberty
- Potential remedies
- Professional responsibilities
- Deprivation of liberty in England and Wales
- Strasbourg jurisdiction
- What have we learnt from the pandemic?
- Update on Scottish Mental Health Law Reform
- Scottish Government proposal for short term reform