s.117 Mental Health Act 1983 & Community Care - THIS EVENT IS NOW FULLY BOOKED

Date: Wednesday 21 March 2012

Time: 18:30 to 20:00

Venue: 53-54 Doughty Street, London, WC1N 2LS

Speakers: Aswini Weereratne QC, Kate Markus QC

CPD: 1.5 Points

Fee: Free

This seminar will focus on the legal and practical issues that arise in respect of meeting the needs of detained patients when they leave hospital including:

  • The nature of the duty under section 117 Mental Health Act, when it is triggered and when it ceases.
  • Who owes the duties: residence/ordinary residence under section 117 Mental Health Act and section 21 National Assistance Act.
  • Provision for those subject to the deprivation of liberty safeguards.
  • Assessment , eligibility and care planning: overlap between the Care Programme Approach and community care assessments; NHS continuing healthcare.
  • When mental health needs give rise to a duty under section 21 National Assistance Act.
  • Charging, budgets and direct payments.

The training will comprise talks by two speakers, with the use of handouts and/or power point presentations, and by reference to relevant statutory materials and guidance.

The aims of the training

The seminar is aimed at those with a basic knowledge of community care law and practice.
The aim is to provide a more indepth knowledge of the provision of community care services to those being discharged from hospital under the Mental Health Act, and as to the provision of community care services to others with mental disorder or lacking capacity. It is designed to focus on the particularly complex problems that arise from the differences between the applicable regimes, and to update the knowledge of those attending by reference to recent case law and guidance.


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