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Community Care Law Update


09:15 - 17:15

Garden Court Chambers
57-60 Lincoln's Inn Fields

Karen Ashton, Shu Shin Luh, Michael Kennedy and Azeem Suterwalla

Level(s): Updating


'This course has been cancelled. Please email us a to be added to the mailing list should the course be re-scheduled later this year/ early 2018'

There have been many significant developments in the various branches of community care law over the last 12 months.

This one day course will cover legal updates on:

• Adults: Health and social care developments
• Court of Protection / The new Law Society Mental
  Capacity Accreditation Scheme
• Community care and support for migrants
• Children in need

Adults: Health and social care developments

Karen Ashton will examine the effectiveness of one of the big new ideas of the Care Act 2014 - the wellbeing duty.  The failure of the Davey case in the Court of Appeal will be considered in some detail and contrasted with the only case to date to have found a breach of the duty, R(JF) v London Borough of Merton.


Court of Protection

Michael Kennedy will provide an update in relation to key developments (including case law) in the Court of Protection over the last year. The update will primarily be aimed at those who might well have a working knowledge of the MCA 2005 and the jurisdiction of the Court of Protection, but do not consider themselves specialists in that field.


The new Law Society Mental Capacity accreditation scheme

The MCA 2005 has been with us now for ten years (in large part, coming into force in October 2007) and yet only now is there an opportunity for those who specialise in mental capacity law to demonstrate their expertise by way of accreditation by their professional body. Along with specialists in: mental health law; child care law; immigration and asylum law; police station representation etc., there is now an accredited scheme for those specialising in mental capacity (health and welfare) managed by the Law Society. Michael, who is an assessor in relation to the new scheme, will speak about the new scheme and how it is likely to be used in the Court of Protection.


Community care and support for migrants

Shu Shin Luh will cover key developments in the field of Migrant Support law, including the important changes being brought in under the Immigration Act 2016 affecting care leavers and migrant families, as well as how the right to rent impacts on these support provisions. A review of court decisions on accommodation for migrant families under s17 of the Children Act 1989 will be discussed, as well as accommodation under the Care Act 2014 and the Localism Act 2011 and an update on healthcare rights for migrants.


Children in need

Azeem Suterwalla will cover the key legal developments and relevant case-law in the past year under the Children Acts 1989 and 2004, and the Children and Families Act 2014. This will be in relation to both children with disabilities and children in need more generally. 



Aims and Objectives- Update community care practitioners with all the developments in the field over the last twelve months

Area of Specialism- Practitioners working in the health, social care and mental health fields.

Course Materials/Resources- Lecture format. Case studies and question and answer sessions enable delegates to explore this area of law.  Comprehensive course handouts will be distributed to all delegates.



Karen Ashton is Head of Public Law and Community Care at Central England Law Centre and specialises in community care and health services law. She co-authors the Community Care Update for LAG and writes and trains regularly in this field. She is a peer reviewer in community care for the Legal Aid Agency.

Michael Kennedy is Head of the Court of Protection and Mental Health Law departments at Switalskis Solicitors, Yorkshire. He is vice-chair of the Mental Health Lawyers Association and has published in the field of 'mental health and capacity law'. He is an associate senior lecturer at Leeds Beckett University, where he teaches law to mental health professionals and is a Law Society Assessor for the mental capacity accreditation scheme.

Shu Shin Luh is an established practitioner whose community care law practice has a strong anti-discrimination and human rights focus. Her core client groups are disabled and separated / unaccompanied children, vulnerable adults including the mentally ill and mentally incapacitated and victims of trafficking, particularly where her clients are subject to immigration control. She is a regular contributor to the Garden Court Social Welfare Bulletin and was actively involved as a legal advisor to leading NGOs during the passage of the Immigration Act 2016.

Azeem Suterwalla is a barrister in practice at Monckton Chambers. He specialises in public law across a range of areas, including claims under the Children Act 1989 and the Children and Families Act 2014. Azeem acts for vulnerable children and their families in claims against local authorities and central government, and has appeared in many of the leading cases in this field. In addition, he is currently Counsel to the Independent Inquiry into Child Sexual Abuse ('IICSA'), where he is leading the investigation into child sexual exp