Page 29 - PIC Magazine Autumn Issue 13
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      The AvMA Court of Protection Conference Event Blog!
Adrian Hawley, Head of Court of Protection at PIC, looks back at the highlights from the second AvMA Court of Protection Conference, which took place in March this year.
       his year’s conference took place in Manchester with a marvellous lineup of speakers in association with Partners in Costs and kindly sponsored by Anglia Case Management, N-Able Services, Bush & Company and Adroit Financial Planning.
The lineup commenced with Denzil Lush, former Senior Judge of the Court of Protection. Denzil began with the history of the appointment of deputies in Roman times to the recent case clarifying the law on Welfare deputyship using CrowdJustice.
We heard from Afshaan Hena, Senior Lawyer from the Office of the Public Guardian who gave an insight into the safeguarding and supervision work carried out by the OPG. Reference was made to the Gibraltar case where persons were no longer resident
in England & Wales giving rise as to seek clarification on the Courts’ powers. The OPG, in December 2018, launched a pilot of the “Your Voice, Your Decision” campaign in Islington to target lower socioeconomic groups to raise awareness of LPA’s amongst those audiences.
A case law update was provided by Sam Karim, QC, Head of COP & Public Law at Kings Chambers. He gave an enlightening insight into how the Court dealt with Social Media and Capacity in the cases of Re A (Capacity: Social Media & Internet Use: Best Interests) [2019] EWCOP2 and Re B (Capacity: Social Media: Care and Contact) EWCOP3. In two linked judgements, Cobb J, outlined the relevant, and irrelevant, information for the purposes of deciding whether a person has capacity to make decisions about internet and social media use.
Statutory Will and Gift applications in the Court of Protection were covered by Victoria Newey from the Office of the Official Solicitor. She covered how the Official Solicitor undertakes a dual role of acting as litigation friend and undertaking legal work in a case.
One particular insight to a case of great media interest from the recent past was Alfie’s case provided by Michael Mylonas QC of Serjeants’ Inn. Entitled “Tales of the Unexpected” Michael covered the history of the case of Alfie’s progressive neurodegenerative disorder leading to his admission to Alder Hey and the medical evidence that was presented in the case.; how more than
10 hearings were dealt with in the Court of Protection in less than 8 weeks, with 4 appeals to the Court of Appeal, 2 applications to the Supreme Court and two to the European Court of Human Rights.
Costs in the Court of Protection were covered by Master James, SCCO providing the background data and from myself dealing with the recording of time and tips for deputies.
Sarah Daniel from MOTIONrehab presented “Getting the Right Therapy” covering the approach with physiotherapy, hydrotherapy and rehabilitation technologies. The role of technology is certainly something for not only deputies to take into account when looking at future costs but in a negligence claim certainly for the evaluation to be included in future schedules of loss.
We rounded the day off with an insight into the “Role of the IFA and The Investment Process” from Neil Brownhill from Adriot Financial Planning.
On reviewing the stats from the delegate evaluation forms for the conference as a whole we received the following feedback: Excellent 62.5% - Good 37.5%
Additional comments were: “Engaging, informative and dynamic speakers”; “Really useful, informative, enjoyable”; “Very informative”; “Stimulating day, many thanks”; “Excellent speakers”; “It was all brilliant”.
On the day we had 70 people in attendance. 100% of delegates said they would expect to use the learning that they took from the event in their work. Additional comments: “The learning will translate directly into practice in particular my learning on the use of capacity assessments and restrictions when working with people who have complex needs”; “In particular information on social media and service users without and with capacity”.
    On the day we had 70
people in attendance. 100% of delegates said they would expect to use the learning that they took from the
event in their work.
   The next COP conference will take place on 26 March 2020 at the Hilton Leeds City Hotel, with HHJ Hilder confirmed as keynote speaker.
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