Deprivation of Liberty Seminar: Article 5 ECHR

Date: 15th September 2021

Time: 09:30 - 12:45

Location:
Online, Zoom

CPD Hours: 3hours

During this seminar our speakers will offer practical guidance on identifying deprivation of liberty situations and the available remedies.

Book by Friday 13 August to save 20% with our Early Bird rate
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.

Learning outcomes:

  • 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
Speakers
Policy Executive, Law Society of Scotland
Solicitor, Scottish Social Services Council
Solicitor and Notary Public, 1st Legal
Centre for Mental Health and Capacity Law, Edinburgh Napier University
Solicitor, Helen McGinty & Company
Session One

chair

Jennifer Paton
Policy Executive, Law Society of Scotland

Helen McGinty
Solicitor, Helen McGinty & Company
  • Overview of the issue, in both domestic and international context
  • Covid-19 impact on deprivation of liberty
  • Human rights considerations

Claire Currie
Solicitor and Notary Public, 1st Legal
  • Defining deprivation of liberty: overview of legislation and case law
  • How to identify deprivation of liberty
  • Potential remedies
  • Professional responsibilities
Session Two

Sarah Prentice
Solicitor, Scottish Social Services Council
  • Deprivation of liberty in England and Wales
  • Strasbourg jurisdiction

Professor Colin McKay
Centre for Mental Health and Capacity Law, Edinburgh Napier University
  • What have we learnt from the pandemic?
  • Update on Scottish Mental Health Law Reform
  • Scottish Government proposal for short term reform

Prices

prices exclude VAT

Member:
£109.00
 
New lawyer:
£92.65
 
Non-member:
£125.35
 
Unemployed member:
£0.00
 

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