New for 2023, LLG’s Adult Social Care Conference will provide a full day’s training on the latest developments in some of the key areas relevant to local authority lawyers and officers working in this challenging area. The Conference will begin with a session on capacity and sexual relations with Fiona Paterson KC from 39 Essex Chambers, including a detailed exploration of the Supreme Court decision in Re JB (2021), its significance and its practical implications for local authorities looking after someone who lacks capacity.
We will then hear from Sarah Erwin-Jones, Partner at Browne Jacobson, discussing the Worcestershire ordinary residence decision. Delegates will also hear from Simon Lindsay, Partner at Bevan Brittan, who will explore best interests, discrimination and human rights in adult social care including some recent best interests decisions and how the courts have approached assessments.
In the afternoon, Chris Webb-Jenkins, Partner at Weightmans, will explore the duties on local authorities in relation to protecting vulnerable adults from financial abuse, the interaction between the LA and other agencies in this area, and the type of action the Court of Protection can take. For the final session of the day, we will welcome Katie Scott from 39 Essex Chambers who will be examining the legal tools available to those involved in safeguarding. She will consider some of the recent safeguarding cases which involve applications brought in the Court of Protection and in the High Court invoking the Court’s inherent jurisdiction. In addition she will look at the role the Mental Health Act, the criminal law (and in particular the criminal offence of controlling or coercive behaviour set out in section 76 of the Serious Crime Act 2015), the Anti-Social Behaviour Crime and Policing Act 2014 and Domestic Violence Protection Notices and orders have in safeguarding adults.
All sessions will provide attendees with the opportunity to ask questions and share their thoughts and experience. Whilst the event will be held across one day, all sessions will be recorded and made available to download, providing the opportunity either to engage for the whole day or to attend selected sessions on the day and then catch up in your own time.
39 Essex Chambers
Fiona is ranked by both Chambers and Partners and The Legal 500 as a Band 1 leading junior in the Court of Protection. She has appeared before the Supreme Court and Court of Appeal in cases which have shaped the fundamental rights of vulnerable adults and children. Chambers and Partners 2023 describes her as “really good on her feet and in negotiation” and as a “robust” advocate who “really fights the client’s corner.” In November 2022 Fiona was appointed by the Vice President of the Court of Protection, to a committee of four counsel considering the use of closed hearings/material in the Court.
Partner, Bevan Brittan
Simon is a partner in the Health, Care and Regulatory Law team, with a special interest in mental health and mental capacity law, as well as clinical negligence claims and inquests. He provides advice and support to health and social care organisations in relation to inquests, court of protection matters, challenges to treatment decisions, safeguarding concerns, complaints, health and safety and human rights issues.
Partner, Weightmans
Chris has over 20 years' experience acting for local authorities and social care providers in the public, private and voluntary sectors. His clients include insurers, local authorities, health trusts, housing providers, national charities, domiciliary and residential care providers, and sports governing bodies.
As well as defending claims, with particular
experience in abuse group actions, he also provides legal advice on all aspects of social care and safeguarding, covering both adults and children.
Chris is an expert in all aspects of safeguarding and is a specialist in defending abuse claims on behalf of local authorities. His caseload covers both children and adults, and includes claims for assault, negligence, breach of human rights, misfeasance in public office, defamation, privacy and breach of the Data Protection Act 1998.
He regularly provides training to local authorities and their insurers, and organises the firm's annual safeguarding seminars.
Barrister, 39 Essex Chambers
Katie Scott has extensive experience in cases that involve complex safeguarding issues. She has represented a wide range of public bodies in Court of Protection and High Court (inherent jurisdiction) cases involving difficult welfare issues. She has obtained civil injunctions and pursued contempt proceedings against abusive partners/family members in both forums. She is familiar with the Mental Health Act and the statutory guidance on coercive and controlling behaviour.
Partner, Browne Jacobson
Sarah leads one of Browne Jacobson’s Adult Social Care Advisory Teams and is recognised by the Legal 500 as a standout expert in child and adult abuse claims, as well as safeguarding and social care advice. Sarah’s team was instructed on one of the principal cases concerning liability for mistreatment and abuse by carers. She advises on risk management, child protection, human rights, public inquiries, redress schemes and Data Protection Act issues. Sarah also sits as a Deputy Costs Judge in the SCCO.
Related training
09:30 - 16:00
Online
