Speaker:

Malcolm Chisholm

Published:

Format:

E-Training

Category:

Family

Tweet

An overview of Court of Protection work and its relevance to lawyers, including the Court’s powers, structure and jurisdiction, the circumstances in which the Court’s powers are exercised, lasting powers of attorney and the appointment of deputies. The work of the Court of Protection is brought to life in this podcast with a fictional case study.

What is included?

• 32 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
• Family Law CPDtracker – keep track of all your CPD points online

Content and Learning Outcomes

• The structure, jurisdiction and powers of the Court of Protection
• Depravation of Liberty provisions and DOLS Safeguards
• Structure of the Mental Capacity Act 2005
• Lasting powers of attorney
  • when an LPA can be granted
  • the powers conferred
  • supervisory role of the Court of Protection
• Appointing deputies
  • who can be appointed
  • the decision to appoint
  • their functions
  • the extent of powers conferred
  • decisions which cannot be made by deputies
• The work of the Court of Protection is also brought to life in this podcast with a fictional case study, focusing on how the Court will
  • evaluate best interests
  • treat fluctuating capacity
  • deal with ex parte applications
  • treat ABE interviews of vulnerable adults subject to Court of Protection proceedings
  • deal with hearsay evidence in Court of Protection proceedings
  • address press attendance and reporting

Who Should Listen

• Solicitors
• Barristers
• Local authority practitioners
• Paralegals
• Social workers

Level of Expertise: Intermediate/Advanced

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.

• s15 - 18 Mental Capacity Act 2005
• s2(5) Mental Capacity Act 2005
• s4A Mental Capacity Act 2005
• s16(2)(b) Mental Capacity Act 2005
• Schedules A1 & 1A Mental Capacity Act 2005 (Deprivation of Liberty Safeguards)
• s21A Mental Capacity Act 2005
• Code of Practice paras 8.31 to 8.71
• s47(1) Mental Capacity Act 2005
• G v E A Local Authority & F [2010] 2 FLR 294 & [2010] EWCA Civ 822 forthcoming in [2010] 2 FLR
• Re A (Mental Patient: Sterilization) [2000] 1 FLR 549
• s1 – 5 Mental Capacity Act 2005
• s9 to 14 Mental Capacity Act 2005
• s22 & 23 Mental Capacity Act 2005
• s19 & 20 Mental Capacity Act 2005
• s42 Mental Capacity Act 2005
• ITW v Z & M [2009] EWHC 2525
• Re S and S (Protected Persons) [2009] WTLR 315
• Re P [2009] EWHC 163 (Ch)
• Re MM; Local Authority X v MM (by the Official Solicitor) and KM [2009] 1 FLR 443
• Re SA (Vulnerable Adult with Capacity: Marriage) [2006] 1 FLR 867
• LLBC v TG, JG, & KR [2009] 1 FLR 414
• B Borough Council v S (By the Official solicitor) [2007] 1 FLR 1600
• S48 Mental Capacity Act 2005
• Re F (Mental capacity: Interim Jurisdiction) [2010] 2 FLR 28
• London Borough of Enfield v SA (By her Litigation Friend, The Official Solicitor) FA & KA [2010] 1 FLR 1836
• Court of Protection Rules 2007, r 95(d)
• Court of Protection Rules 2007, r 90(1)
• A v Independent News & Media Limited [2010] EWCA Civ 343, forthcoming [2010] 2 FLR
• Court of Protection Rules 2007, r 93(1)(a)

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.