Day 1: Monday 11th March 2019, 10am to 4.30pm
(Registration and coffee: 9.30am)
Day 2: Tuesday 12th March 2019, 10am to 4.30pm
(Registration and coffee 9.30am)
CPD 12 hours
PEAT Outcome - relevant legal knowledge
OBJECTIVES
This conference aims to provide delegates with an update on recent changes to Mental Health and Incapacity law. It will include an update from the Office of the Public Guardian and speakers will cover topics related to the Mental Health (Scotland) Act 2015, the Adults with Incapacity (Scotland) Act 2000 and the UN Convention on the Rights of Persons with Disabilities.
Among other things, this Conference will discuss financial guardianship, powers of attorney, unlawful detention and human rights implications of the Mental Health (Scotland) Act 2015.
PARTICIPANTS
This conference will be of particular interest to solicitors and trainees working in the area of mental health and incapacity law, social workers, advocacy workers and Mental Health Officers. It will also be of interest to tribunal members and those in the medical profession including GPs, psychiatrists and nurses.
SPEAKERS
The speakers are
Dr John Crichton Since 2000 John has been an honorary fellow at University of Edinburgh School of Law where he teaches a module on the Criminology MSc. After his PhD, John was a clinical lecturer in Learning Disability at University of Cambridge when he gave evidence in the Bournewood case before becoming clinical lecturer in Forensic Psychiatry at University of Edinburgh – returning to Royal Edinburgh Hospital after 13 years in 1998. In 2000 he became a consultant at the newly opened Orchard Clinic, Scotland’s first medium secure psychiatric unit and later supported the creation of the Forensic Mental Health Managed Clinical Care Network, becoming its medical director. John created the ‘Matrix of Security’ and risk management traffic lights system used across Scotland to enhance patient safety. He continues to work as a Consultant Forensic Psychiatrist specialising in the needs of mentally ill women. John was instrumental in bringing about the national training program in Forensic psychiatry which has proved a successful model for other psychiatric subspecialties. More recently as Chair of the Forensic Faculty in Scotland he chaired the influential Victim’s Rights Group, which reported to Scottish Ministers in 2017. In 2015, John became an advisor to the International Committee of the Red Cross (ICRC) where he promotes the mental health of prisoners.
Fiona Brown, Public Guardian & Accountant of Court. Fiona has worked for Scottish Courts & Tribunals Service (SCTS) her whole career. She started as an Administrative Assistant at Airdrie Sheriff Court in 1993, and has performed a variety of operational roles, across numerous locations, since that time. Prior to taking up post as Public Guardian on 1 August 2018, Fiona had been Deputy Public Guardian for almost 4 years.
Kenneth Campbell QC, Advocate. Kenneth has appeared in courts and tribunals at all levels across Scotland as well as on a number of occasions before the UK Supreme Court. His varied public law practice includes judicial review, immigration and education cases. In his wide-ranging mental health litigation work he has acted for the Mental Health Tribunal for Scotland as well as patients and health boards. Kenneth has also regularly been involved in professional negligence cases (usually involving medical professionals) and commercial disputes of all kinds. Kenneth is also a member of the Mental Health Tribunal for Scotland.
Professor Jill Stavert, Law professor and Director of the Centre for Mental Health and Capacity Law at Edinburgh Napier University. Jill’s main areas of research and expertise are international, European and national human rights law and mental health, and she works with a number of public and voluntary sector organisations and bodies and regulatory bodies in the field of mental health, incapacity and/or human rights. She regularly publishes and presents at conferences and seminars.
Colin McKay, Chief Executive of the Mental Welfare Commission. Colin took up the post of Chief Executive of the Mental Welfare Commission for Scotland in April 2014. He worked in Scottish Government for 14 years, including 4 years working on mental health law reform, first as secretary to the Millan Committee, and then as Bill manager for the Mental Health (Care and Treatment) (Scotland) Act 2003. He also worked in Government on justice, strategy and public service reform. Previously he was a solicitor, and spent 10 years with ENABLE Scotland, where he led campaigning and policy work, established the ENABLE Trustee Service, and served as a Mental Welfare Commissioner for 2 years. He has a particular interest in the interface of law, care and ethics.
Sandra McDonald, EX-PG Ltd (formerly Public Guardian for Scotland) Sandra offers independent mental capacity/incapacity advice and training, drawing on her 14 years experience as Public Guardian for Scotland. She holds qualifications in law, public sector management and nursing. She is currently working with the Scottish Government team, progressing changes to the Adults with Incapacity (Scotland) Act 2000. Sandra is trustee of the Dementia Services Trust and the Lewy Body [dementia] Society, is a Board Member of Garvald Edinburgh (a charity offering creative opportunities and support for people with learning disabilities). She is a specialist advisor to the Centre for Mental Health and Capacity Law at Napier University and to Action on Elder Abuse Scotland. Her website https://ex-pg.com offers more detail about Sandra and her EX-PG services.
Anne Bolger, Director, McClure Collins. Anne Bolger qualified as a solicitor in 2003. Anne specialises in mental health cases and has extensive experience in general civil business. Prior to qualifying as a lawyer, Anne had 25 years experience in Social Work.
Adrian Ward is a recognised international expert in adult incapacity law and was given a lifetime honorary membership of the Law Society of Scotland in recognition of his pioneering work on Scotland’s modern law on incapacity and mental health and disability. He was also given The Scotsman Lifetime Achievement Award at the Scottish Legal Awards in recognition of his contribution the field of Adult Incapacity Law. His expertise is regularly sought by other solicitors in Scotland. His standing in adult incapacity work was summed up in a published court judgement “Mr Adrian Ward is the acknowledged master of this subject, and the person who has done more than any other practitioner in Scotland to advance this area of law”. Adrian is a prolific legal author whose many books and articles have spanned more than three decades. His books include the current standard Scottish texts on adult incapacity law. He was closely involved in the law reform process leading to the Incapacity Act (as an external expert engaged by the Scottish Law Commission and as principal spokesperson for the Alliance which campaigned for the legislation). Adrian has been convenor of the Mental Health and Disability Committee of the Law Society of Scotland since 1989. His awards include an MBE for services to the mentally handicapped in Scotland; and national awards for legal journalism, legal charitable work and legal scholarship. He has worked with the World Health Organisation and several European Governments. Adrian was consultant to the Council of Europe conducting a review of implementation of Ministerial Recommendation (2009)11 on principles concerning powers of attorney and advance directives for incapacity.
Iain Smith is the Policy and Public Affairs Officer at Inclusion Scotland, the national network organisation for Disabled People’s Organisations. Iain has worked closely with other DPOs, particularly those led by people with learning disabilities to press the case to the Scottish Government and the Scottish Parliament for reform of Adults with Incapacity legislation and the definition of Mental Disorder. Prior to working at Inclusion Scotland, Iain was a Scottish Public Policy Consultant and a policy officer at CHILDREN 1ST. Iain was the MSP for North East Fife from 1999-2011, and a Fife Councillor from 1982-1999.
Karen Wooton, Associate, Morisons LLP. Having qualified in 2000 with a large corporate firm, Karen chose to change paths and work with ENABLE Scotland as a solicitor and trustee service manager. Since then she has gained extensive experience in all areas of private client practice including establishing and administering trusts for disabled people and personal injury compensation trusts which protect the state benefits of clients who have been awarded personal or criminal injury compensation. Karen created and been providing monthly legal clinics carers, older people and people living with learning and physical disabilities to increase access to powers of attorney and guardianships for over 10 years. As a result she has a keen interest in and practical experience of working with all aspects of Adults With Incapacity.
David Leighton, Advocate with Hastie Stable, has a general civil practice. Since calling to the bar in 2003, David’s primary areas of practice have been Family Law and Mental Health. He is increasingly involved in work for prisoners, principally through the mechanism of judicial review. He deals with human rights issues in all areas of his practice.
PROGRAMME
Day 1: Monday 11th March 2019
Chair: Ronnie Franks, Partner, Legal Services Agency
09:30-10:00 Registration and Coffee
10:00-10:10 Welcome and Introduction: Ronnie Franks, Partner, Legal Services Agency
10:10-11:00 KEYNOTE SPEAKER: Bournewood Revisited - Dr John Crichton
11:00-11:45 Office of the Public Guardian Update - Fiona Brown
11:45-12:00 Tea/Coffee
12:00-12:45 Current Challenges - Kenneth Campbell QC
12:45-13:30 The Mental Health (Scotland) Act 2015 and Human Rights Implications - Professor Jill Stavert
13:30-14:15 Lunch (provided)
14:15-15:00 The scope of care and medical treatment under the AWI and Mental Health Acts: Some challenges and concerns - Colin McKay
15:00-15:15 Tea/Coffee
15:15-16:00 AWI - The State of Play Today - Sandra McDonald
16:00-16:30 Questions and Discussion
Day 2: Tuesday 12th March 2019
Chair: Rachel Walker, Solicitor, Legal Services Agency and Tatora Mukushi, Solicitor, Legal Services Agency
09:30-10:00 Registration and Coffee
10:00-11:00 Unlawful Detention - Anne Bolger
11:00-11:15 Tea/Coffee
11:15-12:15 The implications for AWI practice of the UN Convention on the Rights of Persons with Disabilities - Adrian Ward
12:15-13:00 Supported Decision Making and Legal Capacity - Why the Law Needs to Change - Iain Smith
13:00-14:00 Lunch (provided)
14:00-15:00 Powers of Attorney and Guardianship in Practice - Karen Wooton
15:00-15:15 Tea/Coffee
15:15-16:15 Recent Case Law Update - David Leighton
16:15-16:30 Questions and Discussion