Speaker:

Malcolm Chisholm

Published:

Format:

E-Training

Category:

Private Client

Tweet

Specialist children and court of protection counsel, Malcolm Chisholm provides expert insight and analysis of court of protection case-law developments. This audioCPD provides clarity on the deprivation of liberty safeguards and decision making in this difficult area, where decisions are very often finely balanced. Malcolm will guide you through the latest developments and criteria to assist with assessment of deprivation of liberty decision making. This audioCPD will ensure that you are better equipped to make and assess the lawfulness of local authority actions in relation to persons and children in need.  

What is included?

• 36 minute audio presentation – you can listen on your computer/laptop, MP3 player/iPod/iPad
• Assessment facility – take a multiple choice test online to gain 1 CPD point
• CPDtracker – keep track of all your CPD points online

Content & Learning Outcomes

• Case-law developments in relation to:
  • the deprivation of liberty safeguards and complicity with the European convention on Human Rights;
  • assessment of deprivation of liberty vis-à-vis persons in need;
  • the tests for capacity to consent to contraception and sexual relations
• Analysis of restrictions and criteria to assist with assessment of deprivation of liberty decision making
• The core elements of deprivation of liberty
• The inter-section between deprivation of liberty and the Children Act 1989
• The authorisation of deprivation of liberty for a specific purpose
• Allocation of resources in court of protection cases and the ambit of the court of protection

Who Should Listen:

• Solicitors
• Barristers
• Paralegals
• Legal Executives
• Local Authority Lawyers
• Mental Health Professionals
• Community Care Advisers
• Social Workers

Level of Expertise: Intermediate/Advanced Update

Please click here for a FREE 10 minute demo

Malcolm Chisholm Barrister, 1 Garden Court

Malcolm was called to the Bar in 1989. He is a member of 1 Garden Court Family Law Chambers where he specialises in children work and Court of Protection work.  His recent reported cases include:

• Re LM (Reporting Restrictions: Coroner's Inquest) [2008] 1 FLR 1360, FD (concerning restrictions on publicity)
• Re A (A Child) (Adoption: Removal) [2009] 2 FLR 597, CA (Placement of children overseas for purposes of adoption)
• Re T (Care Order) [2009] 2 FLR 574, CA (Court's duties when presented with a proposed agreed order in care proceedings)
• X and Y v. Warwickshire County Council and B [2009] 2 FLR 984 (Wholesale breach of adoption rules in FPC)
• X County Council v B (Abduction: Rights of Custody in the Court [2010] Fam Law 126 (Court’s rights of custody in Hague Convention proceedings)
• Re W (Adoption: leave to oppose and setting aside) [2010] EWCA Civ 1535 (Correct approach to a late application to oppose the making of an adoption order)

He lectures regularly to solicitors, and sits as tribunal judge on the First Tier Mental Health Tribunal. He reviews family cases for the Bar Pro Bono Unit and is a member of the Family Law Bar Association.

G v E, Manchester City Council & F [2010] EWHC 621 (Fam), [2010] 2 FLR 294, [2010] EWHC 2512 (COP), [2010] EWHC 3385 (Fam)

HL v UK App no 45508/99 (2004) 40 EHRR 761

Surrey County Council v CA & LA & MIG (Incapacitated Adult) & MEG (Incapacitated Minor) [2010] EWHC 785 (Fam)

A Local Authority v A & B; A Local Authority v C, D & E [2010] EWHC 978 (COP)

Re RK [2010] EWHC 3355 (COP)

Children Act 1989

An NHS Foundation Trust v D [2010] EWHC 2535 (COP)

DH NHS Foundation Trust v PS [2010] EWHC 1217 (Fam)

AVS v NHS Trust [2011] EWCA Civ 7

Community Care Act 1990

A Local Authority v A [2010] EWHC 1549 (Fam)
 
D Borough Council v AB [2011] EWHC 101 (COP)

Mental Capacity Act 2005

Under the Solicitors Regulation Authority and ILEX’s Continuing Professional Development Schemes, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).  Please quote reference EH/Jord.

Under the Bar Standards Board's New and Established Practitioner Programme, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).

CPD Requirements

Solicitors
The CPD year for solicitors and registered European lawyers (RELs) runs from the 1st of November to 31st of October.  Newly qualified solicitors and RELs must undertake one hour of CPD for each complete month worked from the date of admission/registration to 31 October.  Those admitted/registered on 1 November will go straight into their first CPD year.  The CPD requirement for solicitors and RELs in their first CPD year and thereafter is 16 hours.

At least 25% (4 hours) of the requirement must be met by attending or participating in courses offered by SRA accredited providers.

The remaining 75% (12 hours) of the requirement can be met by undertaking other activities, including listening to an audioCPD and participating in the online assessment.  Actual time may be claimed.

Barristers
The CPD year for barristers runs from 1st of January to 31st of December with all returns due by 31st of January in the following year.  For established practitioners (barristers who have completed the first three years of practice), a minimum of 12 hours CPD must be completed, of which a minimum of 4 hours must be accredited. AudioCPD can provide you with all 12 hours.

For practitioners in the first three years of practice, a minimum of 45 hours of CPD training must be obtained, of which at least 9 hours must be advocacy related and 3 hours must be ethics related training.  Listening to an audioCPD and completing the online assessment will count towards the remaining 33 hours required.

Legal Executives
Fellows are required to undertake a minimum of 16 hours CPD each year, and Members a minimum of 12 hours CPD.  Both Fellows and Members must achieve at least half of their CPD in their chosen specialist area.  The CPD year runs from 1st of January to 31st December, with 25% of Fellows and Members being randomly selected in March of the following year to submit their logbook to ILEX. Those not selected and contacted by ILEX need not submit their logbook.  Listening to an audioCPD and taking the online assessment can provide you with your annual CPD requirement.

A record of all CPD completed with us is maintained online and is accessible to you for two years/until you delete your CPDtracker account.