Public Law Conference 2024 - Spire Barristers

Agenda

12:30 pm – 13.15 pm

Lunch and Registration (45 mins)

13:15 pm – 13.55 pm

Education (40 mins) Holly Littlewood

Extended Appeals in the SEND Tribunal: Implications for Health and Social Care

• The SEND Tribunal’s power to make recommendations about health and social care in “extended” appeals
• Preparing for and presenting “extended” appeals
• Responding to SEND Tribunal health and social care recommendations

This talk will be of relevance to:

• Local authority and private client solicitors, representing local authority SEND and social care services, and / or health commissioning bodies;
• Private client solicitors representing parents and young people.

14:00 pm – 14:40 pm

Court of Protection (40 mins) Pippa Pudney

16 & 17 Year Olds: Transitions & Assessments

• The transition from children’s services to adult’s services
• Pathway plans
• Care Act assessments
• Deprivations of liberty – when they arise, what they entail and how to authorise them

This talk will be of relevance to:

• Local authority solicitors working with children and young people with disabilities, eligible needs and/or behaviours that challenge
• Private client solicitors representing young people (via a litigation friend/ALR) or representing family members in the Family Division of the High Court, the Family Court or the Court of Protection

14:45 pm – 15:20 pm

Local Authority Decision-Making: Financial Aspects of the Care Act | Charging for Care (40 mins) Brett Davies and Adrian Francis

• Care Act 2014 – Overview of Statutory Basis of Care
• Debt Recovery & Deprivation of Assets
• DOLS & Risk of a Counterclaim

This talk will be of relevance to:

• Local authority solicitors, representing local authority social care services, and / or health commissioning bodies;
• Private client solicitors representing families of persons in care.

…

15:20 pm – 15:50 pm

Break (30 mins)

15:50 pm – 16:30 pm

Court of Protection: Capacity to engage in sexual relationships X | Case law update
(40 mins) Lauren Gardner and Eleanor Suthern

The meaning of:

• A person specific approach
• Reasonable belief in consent
• Relevant information

This talk will be of relevance to:

• Local authority solicitors, representing local authority social care services, and / or health commissioning bodies;
• Private client solicitors representing P (via a litigation friend/ALR)

16:35 pm – 17:15 pm

Public Law Decision Making
(40 mins) Brett Davies

• Consideration of how decision makers should approach key decisions in social care context, such as revising care and support packages (increasing or decreasing personal budgets), and how such decisions should be evidenced.
• Analysis of how vulnerable decisions might be challenged, including when a complaint is appropriate, and identifying ‘hard edged’ grounds of challenge for use in the Admin Court.
• In passing, Human Rights Act applications on behalf of vulnerable clients.
• What happens to arrangements for care and support where public bodies fall into dispute.

This talk will be of relevance to:

• Local authority solicitors who practice in any social care or educational context.
• Court of Protection and Community Law practitioners in the Community Law Context

17:15 pm – 17:30 pm

Q&A

17:30 pm

Close and drinks