A one-day conference

Talbot Hotel, Stillorgan, Co. Dublin

Date: 9th October 2019

The law in regards to caring for vulnerable adults, adolescents, end of life care patients and children is rapidly changing and evolving in Ireland and It is important that all healthcare and legal professionals fully understand recent developments in relation to Consent, Capacity, Ethics and Advance Healthcare Directives.

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Please note the early bird discount can close sooner than expected once a certain number of seats fill up, therefore your prompt booking is strongly advised

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5 Structured CPD Points

This one day conference will provide an important opportunity for delegates to hear from leading experts in this space, network and discuss important current developments you need to note going forward. This conference will also provide you with the opportunity to exchange ideas, hear of recent cases that are setting a precedent going forward and listen to others who are working in this area, their experiences and come away with best methods to implement for patients going forward.

This is a must attend event for all professionals working in Irelands healthcare services or the legal system surrounding it.

Time

Description

8.15

Registration with tea, coffee and pastries

8.50

Chairpersons Opening Remarks

Dr Elizabeth Fahey McCarthy, RN,RM,RNT,MAEd. Professional Education Consultant.

Advance planning – Advance Healthcare Directives – Enduring Powers of Attorney – DNR

9.00

Capacity – Principles of the ADM act: Applying the functional approach to capacity and the guiding principles in practice

Speaker: Eleanor Edmond, Consultant providing policy advice in the areas of advocacy, human rights and capacity

  • Functional Definition of capacity (s.3)- outline and explanation with practice based examples
  • Guiding Principles (Part 2/ S8): outline and explanation.
  • Limits on intervention (s8(3), s8(5), s 8(6), s8(9,) s8(10)- support comes first. Examples of good practice.
  • Whose opinion matters? (s8(7) and s8(8))
  • Dealing with unwise decisions in practice.
  • “Will and preferences” v. “best interests”- examples from practice with reference to recent Irish and U.K caselaw.

9.40

Consent and Capacity in Sexual Relationships:

Speaker: Catherine Ghent, Solicitor, Gallagher Shatter Solicitors

  • Identification and balancing of rights and responsibilities
  • Irish legal context
  • International legal context
  • How do we achieve best practice and protection

10.20

Assisted Decision Making, Advance Healthcare Directives and Consent- Issues and implications for Health and Social Care Professionals
Speaker: Caoimhe Gleeson, National Specialist in Accessibility/ National Programme Lead- Assisted Decision Making, HSE National Assisted Decision Making and Consent Office

  • A recalibration of rights- placing the patient and service user at the heart of health and social care decisions
  • The challenge of will and preference in resource limited public health and social care services
  • Valid and informed consent- every time, everywhere and in every context- examples from the front line
  • Enabling the cultural shift- from substituted to supported decision making
  • Advance Healthcare Directives- the role of Health and Social Care Professionals

11.00

Q&A Session

11.10

Coffee break and chance to network

11.30

Recent Case law in the High Court dealing with Capacity Issues in Practice.

Speaker: Aine Hynes, St John Solicitors

12.00

Ethics, decision-making and vulnerability

Speaker: Louise Campbell, Lecturer, NUI Galway

  • Ethical and professional responsibilities towards vulnerable persons
  • What is ethically-competent decision-making?
  • How ethics competencies apply in decision-making involving vulnerable persons
  • Reasoning, justification and accountability.

12.30

Informed Consent – The law in relation to informed consent and implications for proceedings / Montgomery case

Speaker: Orla Kelly, Partner, Cantillons Solicitors

  • Fundamentals of Informed Consent in healthcare
  • Application in healthcare and implications for practice
  • Current international case law including the Montgomery decision in the UK
  • Current Irish legal position
  • Proceedings based on lack of informed consent

1.00

Q+A Session

1.15

Lunch and chance to network

2.00

Planning in Advance – Place of Care decisions – Protection of Liberty Safeguards:

Speaker: Patricia Rickard-Clarke, Solicitor & Chair of the Safeguarding Ireland

  • Domestic and International Human Rights Obligations
  • Right of person to make decisions for type and place for long term care
  • Legislative Gap
  • Case Law
  • What the proposed legislative framework on Protection of Liberty Safeguards should contain.

2.40

Medication & Decision Making: People with disabilities

Speaker: Joanne Condon, Regional Manager, National Advocacy Service for people with Disabilities

  • What are the challenges and barriers facing people with disabilities when it comes to medication & decision making?
  • Key documents/policies/guides: What they tell us about people with disabilities in relation to Rights, consent and capacity.
  • Challenges to upholding will & preference: Real life scenarios
  • Practical tips on how to best support people with disabilities in the area of medication & decision making.

3.20

Workshop – Thinking and Planning Ahead

Speaker: Rebecca Lloyd, Irish Hospice Foundation

  • Rationale for Thinking, planning and talking about dying, death and bereavement using suitable tools like TA/IHF people’s charter
  • The Wisdom of Wills
  • Sickness and Safeguarding – Power of Attorney and Enduring Power of Attorney knowing the difference counts
  • AHD today –
  • Think Ahead – More than a AHD
  • Practical activities for delegates to work through real examples and scenarios

4.00

Q&A Session & Conference Close

Dr Elizabeth Fahey-McCarthy

Dr Elizabeth Fahey-McCarthy

Former Director of Teaching  and Learning Postgraduate, TCD

Elizabeth Fahey McCarthy PhD, has extensive experience in Nursing and Nurse Education.

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Nursing experience includes general and paediatric nursing originally and in later years generalist palliative care and care of the older person to include expertise in dementia care. Teaching experience has always been integral within her nursing experience. In America and England she held clinical and educational posts concurrently. This enhanced her teaching experience as she was also immersed in a cinical case load. In America her work was voluntary at a Centre for HIV/ AIDS. In the UK her work was divided between Health Promotion and the NHS. Elizabeth’s post was as a Senior Nurse Manager at ADoN level, providing education, testing, counselling and on-going co-ordination of care for persons with HIV/AIDS in Buckinghamshire. Co-ordinating care to die at home was a priority and so working with Specialist Palliative care was central to the role. On return to Ireland she returned to a full-time academic career in nurse Education with TCD. Elizabeth’s teaching and Research interests are in Reflective Learning and Practice, Bioethics, Palliative and End-of life Care.

Catherine Ghent

Catherine Ghent

Solicitor, Gallagher Shatter Solicitors

Catherine is a Partner in the firm of Gallagher Shatter Solicitors in Dublin who specialises primarily in the representation of children and also vulnerable adults.

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She has lectured extensively on legal issues related to all aspects of children’s law, criminal law and human rights.

Eleanor Edmond

Eleanor Edmond

Consultant providing policy advice in the areas of advocacy, human rights and capacity

Eleanor is a freelance consultant delivering training and policy advice in the areas of advocacy, human rights and capacity since 2012.

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She is a qualified (non-practising) solicitor. From 2005-2012 she worked for the Alzheimer Society of Ireland in the area of advocacy and legal policy, developing and managing the first dementia-specific personal advocacy service in Ireland and leading the Alzheimer Society’s engagement with the consultation and drafting process which culminated in the Assisted Decision Making (Capacity) Act 2015. She is a member of the Alzheimer Society’s Expert Advisory Panel and the Research Ethics Committee of Acquired Brain Injury Ireland.

Caoimhe Gleeson

Caoimhe Gleeson

HSE National Programme Lead- Assisted Decision Making

Caoimhe Gleeson is the National Programme Lead for Assisted Decision Making in the HSE.

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The HSE National ADM programme was established to prepare staff and services for the commencement of the Assisted Decision Making (Capacity) Act 2015. This work includes the development of guidance on the 2015 Act for health and social care staff, overseeing the drafting of the Codes on Advance Healthcare Directives on behalf of the Minister for Health, assessing the impact the 2015 Act will have on health and social care staff and service delivery, and the development of a suite of education and training tools. She is also National Specialist in Accessibility and has worked in the area of equality and human rights advocacy, policy and service development for a number of years in Ireland in relation to people with disabilities, the LGBTI Community and other diverse groups. She is also an accredited mediator within the HSE.

Before joining the H.S.E. she worked in Community Development with NUI, Galway in partnership with a wide variety of agencies and non-governmental organisations in the North West region of the Republic of Ireland and in Northern Ireland. She has also worked and volunteered on programmes relating to gender equality, youth work, intercultural education, conflict transformation and mediation, development of civil society and citizenship rights in El Salvador, Ghana, United States, Mongolia, Croatia and Bosnia-Herzegovina.

Áine Hynes

Áine Hynes

Partner, St. John Solicitors

Áine Hynes is a Partner in St. John Solicitors.

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She has held the position of Chair the Irish Mental Health Lawyers Association, Chair of the Dublin Solicitors Bar Association Mental Health and Capacity Committee, and she sits on the Law Society Task Force on Mental Health and Capacity. She deals with vulnerable adults on behalf of the HSE in Wardship Applications and for those detained under the Mental Health Act and lectures regularly on capacity and mental health law.

Patricia Rickard-Clarke

Patricia Rickard-Clarke

Solicitor & Chair of the National Safeguarding Committee

Patricia Rickard-Clarke is a solicitor and former Commissioner of the Law Reform Commission. 

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She is the independent Chair of the Safeguarding Ireland, Chair of SAGE Advocacy clg a support and advocacy service for Vulnerable Adults, Older People and Healthcare Patients.  She is a member of the HSE’s National Assisted Decision-Making (Capacity) Act Steering Group preparing for the implementation of the Assisted Decision-Making (Capacity) Act 2015 and a member of the National Disability Authority’s Expert Group developing the non-health care codes of practice for the 2015 Act. From 2008 to 2018 she was Chair of the Law Society of Ireland’s Mental Health and Decision-Making Capacity Task Force. From 2013 to 2017 she was member of the Council of the Royal College of Physicians of Ireland.

Louise Campbell

Louise Campbell, NUIG

Development Officer, Irish Hospice Foundation

Louise Campbell is a lecturer in medical ethics in the School of Medicine, NUI Galway, and director of Clinical Ethics Ireland, an education service which provides training in clinical and research ethics for registered health professionals.

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She has a Ph.D in philosophy from the University of Essex and a post-doctoral qualification in clinical and organisational ethics from the University of Toronto. Her research interests include clinical ethics consultation and end-of-life care.

Orla Kelly

Orla Kelly

Partner, Cantillons Solicitors

Orla is a Partner in the Medical Litigation Department at Cantillons Solicitors in Cork.

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Orla commenced her traineeship with Cantillons in April 2012 and gained a variety of litigation experience in both general and medical litigation.  She was admitted to the Roll of Solicitors in 2014 having graduated with an Honours Bachelor of Civil Law Degree from University College Cork in 2011. 

Orla is now a Partner in the Medical Litigation Department with a particular focus on medical negligence including birth injury claims, fatal claims, delayed diagnosis and cervical cancer to name a few.  She also has extensive experience in defective medical device claims, including acting for clients and their families who have received the recalled DePuy ASR hip device and various vaccines.  She has successfully represented a number of victims and their families.

Prior to qualification as a Solicitor, she graduated with an Honours Masters Degree in Pharmacy and after qualification worked for several years as a hospital clinical pharmacist in specialist teaching hospitals in London. She continues to practise as a Pharmacist also and advises and represents clients in disciplinary matters before the Pharmaceutical Society of Ireland and in general healthcare matters.

Joanne Condon

Joanne Condon

Regional Manager, National Advocacy Service for people with Disabilities

Joanne Condon is a Regional Manager with the National Advocacy Service for people with disabilities since 2014.

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Joanne has worked in a wide variety of roles across the social care sector over the last nineteen years. She acted as Service Manager with regional oversight for a number of residential services prior to joining the National Advocacy Service as Regional Manager (Southern Region) in 2014. Joanne was an executive member of the Irish Association for Social Care managers until 2014.

Joanne has a particular interest in advocacy practice, policy development and standards. Joanne has extensive experience in overseeing a wide variety of complex advocacy cases on issues such as complex wardship cases, human rights violations and issues of consent and capacity.

Joanne holds a degree in Social Science (UCC), A Masters in Youth & Community work (UCC), a Diploma in Leadership (DIT/IBEC), as well as an Award in Managing People (DIT/college of Business). Joanne additionally holds a level 6 QQI Special Purpose Award in Training & Development.

This event will be of real interest to all healthcare professionals who deal with vulnerable adults, children, adolescents, obstetrics including social workers, Midwifes, nurses, directors of nursing, GP’s, Ward managers, carers, legal representatives and those who deal with end of life care.

There will be 5 CPD points awarded to attendees at this conference

Please check directly with your association or awarding body to see how many points they will award.

Talbot Hotel (Formerly Stillorgan Park Hotel)

SAVE €100.00 BY BOOKING THE EARLY BIRD RATE OF €395 + VAT per Person (ONLY AVAILABLE FOR A LIMITED PERIOD) – Normal Rate @ €495 + VAT.

Please note the early bird discount can close sooner than expected once a certain amount of seats fill up, therefore your prompt booking is strongly advised to avoid disappointment

CMG Events Conference Discount

  • 10% discount for the third delegate booked or subsequent bookings thereafter from the same company.

The rate to attend includes morning tea/coffee and refreshments on arrival at registration, mid-morning tea/coffee and pastries and buffet lunch. You will receive the speakers PowerPoint presentations within 24 hours after the event.

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Email: bookings@cmgevents.ie

EARLY BIRD RATE: €395 + VAT per Person – Normal Rate @ €495 + VAT.

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