Deprivation of Liberty and the Mental Capacity Act 2005

Wednesday 30 April 2014, 6:30pm - 8:00pm

Garden Court Chambers

Refresh your knowledge of the Deprivation of Liberty Safeguards and learn about the implications of the recent UKSC decision

Date: Wednesday 30 April 2014
Time: 6:30pm - 8:00pm
Venue: Garden Court Chambers, 57-60 Lincoln's Inn Fields, London WC2A 3LJ  

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The recent Supreme Court judgment in P v Cheshire West and Chester Council ruled that the living arrangements made for three mentally incapacitated people amounted to a deprivation of liberty. This seminar seeks to distil what this judgment means in practice, as well as providing a refresher of the existing law surrounding mental capacity and deprivation of liberty.


  • The implications of the Supreme Court's decision P v Cheshire West and Chester Council; P and Q v Surrey County Council (2014) UKSC 19
  • Legal and practical issues under the Deprivation of Liberty Safeguards with reference to the recent findings of the Parliamentary Select Committee
  • Deprivation of Liberty and the Court of Protection: issues when running or responding to a s 21A MCA 2005 application; and the interface with MHA 1983
  • The involvement of families in the mental capacity assessments and best interests decisions

What is included?

  • 1.5 hours of fully-accredited CPD training
  • Talks prepared and presented by a team of Court of Protection specialists
  • Comprehensive notes for your future reference
  • The opportunity to ask questions
  • Refreshments

Who should attend?

This seminar is intended for solicitors specialising in Court of Protection and social welfare law.

About the speakers and chair

Stephen Knafler QC, Bethan Harris, Leonie Hirst and Amanda Weston are all established Court of Protection and social welfare law practitioners.

Mark Neary's tenacious battle with the local authority over his son Steven's unlawful deprivation of liberty made the headlines and brought the experiences of families on the receiving end of unlawful local authority practices and procedures to the public's attention. He has become an important and knowledgeable voice in the deprivation of liberty debate, being both the author of an influential blog and a witness to the House of Lords' inquiry into the Deprivation of Liberty safeguards. Mark will be joining the panel to talk about strengthening the role of families and IMCAs in the Deprivation of Liberty Safeguards process.


CPD Hours: 1.5

Speakers: Bethan Harris, Leonie Hirst, Amanda Weston and Mark Neary Chair: Stephen Knafler QC

Cost: £25.00 per person plus VAT


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