Alison Kaye will welcome delegates to the Switalskis Mental Capacity Act 2005 Annual Review. Her short introduction after registration sets the tone of the day and kick starts the speaker topics. Alison will guide the day, introducing speakers and hosting the closing Q&A session.

Drawing on many years of experience as a CoP expert, Dr Grace will share insights into how lawyers and clinicians can best work together in the CoP. Issues such as information sharing, new legislation (including the Assisted Dying Bill), social media and coercive control are all areas of concern for clinical experts.

This talk will cover topics including:

• What is an area of expertise?
• Clinical assessment of coercive control
• The roles of clinicians and experts in assisted dying
• Keeping up to date as an expert witness

Judge Burrows will focus his talk on children and Article 5 rights. An increase in the number of children in need of secure care has led to a shortfall in the availability of specialist facilities for those children. This has led to an increase in the use of less/in-appropriate placements.

Local authorities struggle to find safe and appropriate places for these children to live in and receive appropriate therapy and education. Parents find it impossible to make choices for their children. The Courts are called upon to authorise “DoLs” in increasing numbers in these placements.

The question is, where does this leave the rights of those children?

To what extent should the "risk of harm to P" protect others from P? When might care and support plans become de facto control orders where P poses a risk to the public?

Neil Allen's talk will consider:

• The interface between the MCA 2005 and the criminal law
• Whether "risk to self" and "risk to others" can meaningfully be distinguished, and
• The implications of social care becoming a preventative form of best interests policing without the safeguards of the criminal justice system. 

Lucinda France-Hayhurst will discuss serious medical treatment in COP. Interpretation of the 2020 Guidance is a topic which frequently arises in these cases. In this talk she will examine some recurring questions:

• When is a medical issue ‘serious’?
• Who should bring the application?
• Who should decide it?
• What benefits can advocacy bring?
• What about ADR? Who pays?

The aim is to highlight trends in recent case law to arm practitioners with the confidence to deal with a medical issue within welfare proceedings or as a standalone problem.

Ben McCormack's talk will cover recent case law and look at the human rights issues involved where the court decides whether to authorise a person being deprived of their liberty. Key focus points will include:

• How are the court’s orders authorising DoLS being interpreted on the ground?
• What's the difference between a requirement to do something and an authority to do it?
• What are the best ways to understand the relationship between P, the care plan and the court?
• And how should we then explain that to P, P's carers and others involved in implementing court decisions of this kind?