Legal Toolkit Workshops for Fire and Health & Safety Procedures

2. Mencap Cymru WISE GweithdaiGwybodaethCyfreithiol Legal toolkit workshops Gyda / With FLVC-Health & Well Being Network Autumn / YrHydref 2017

3. A staff member of the host organisation to advise on fire procedure and any other health and safety notices. Fire / Health and Safety / Housekeeping

4. Background: Social Services and Well-being (Wales) Act Funded by Welsh Government 2016-19 “Wales Information Support Empowerment” Replaces former Wales Learning Disability helpline Mencap WISE

5. Casework service Partnership with Cardiff Law School: legal toolkits “Champion Volunteers” (recruited 2016-17) 15 volunteers across Wales Befriending; attending information sessions; setting up workshops; members of WISE steering group. Mencap WISE

6. Three caseworkers South East Wales (Angela O’Callaghan); North Wales (Kelly Jones) Mid & West Wales (Carwyn Tywyn) Will try to deal with any call relating to anything relating to learning disability, regardless of age or issue. Casework service

9. Legal advice notes to support casework Legal toolkits Cardiff Law School partnership

10. Legal Advice Notes

11. Legal Advice Notes • In complex cases, we sometimes require more detailed legal guidance. • Mencap WISE caseworkers may contact Cardiff Law School. • In response, Cardiff Law school can provide Legal Advice Notes.

12. Legal Advice Notes 2016/17 • Education – Mainstream vs special education provision. • Challenging a reduction in contact times for parents. • Challenging college accommodation provision. 4. Advocacy issues. 5. Access to health and capacity to consent to treatment. 6. Challenging changes to a support plan.

13. Case study: Legal Advice Note on Advocacy • Parent had waited for 6 months and had requested a best interest meeting on many occasions. • Local authority stated that they required a specialist advocate and could not proceed with meeting. • Advice note received and challenge made to local authority.

14. Case study: Legal Advice Note on Advocacy OUTCOME: Best interest meeting held within 2 weeks of advice note being used. Mother did not achieve all she wanted, but after the meeting she said: “This would never have happened without all your help”.

15. Legal Toolkits

16. On-line resources developed by Cardiff Law School in partnership with Mencap Cymru Provide legal guidance in relation to accessing services and life transitions. Legal Toolkits

17. Applying for a place at a specialist further education college Advocacy Housing law Supporting parents with a learning disability through the child protection system Accessing social care and health services The Toolkits

18. The toolkits are ON-LINE resources Hard copies available in exceptional circumstances The toolkits are a “live” document and will continue to be updated. The Toolkits

19. Families and carers who are supporting people with learning disabilities. Organisations providing support to people with learning disabilities. People working for, or on behalf of, statutory bodies. Who are the toolkits for?

20. How to access the toolkits To access the toolkit, you will need to type into google ‘mencap cymru’ Then click on the link for the website

21. This is the front page for the Mencap website. You will need to scroll down. Once you have scrolled down, click on ‘Mencap Cymru – our resources and guides’

22. Once you have click on the link, you will get to this page. Scroll down and the toolkit can be found under this heading

23. Different levels of law taken into account UN / EU / England and Wales / Wales-only Legal case-studies / precedents / principles What has happened before, and how it shapes today’s law Disability and Equalities legislation Public body responsibilities Courts: functions and set-up Toolkit attributes

24. “Jargon-busting”: legal terminology explained Practical guidance on handling applications, assessments, appeals and legal proceedings Resources and organisations: contacts and web links Toolkit attributes

26. The Mencap WISE project in general The Champion Volunteer role Legal feedback to Cardiff Law School Accessing and using the toolkits Setting up future workshop sessions Networking and information sharing Question and Answer

27. Health and Social Care toolkit Purpose: “to assist people who are acting as learning disability advocates (parent, carer, volunteer, professional) by explaining individual entitlements to social and health care services.

28. Social and Health Care toolkit Part 1: Duties and obligations of local authorities Part 2: Duties and obligations of local health boards Part 3: Challenging decisions

29. Part 1: duties and obligations of local authorities 1.1 SSWBA: key duties 1.2 The duty to assess 1.3 Obtaining an assessment 1.4 How long should an assessment take? 1.5. The assessment process 1.6 National Assessment and Eligibility Tool

30. Part 1: Duties and obligations of local authorities 1.7 What needs does a local authority have to meet? 1.8 What services does a local authority have to provide? 1.9 Can the local authority charge for care and support services? 1.10 Who has to pay for care and support services? 1.11 The financial assessment process 1.12 Can the local authority withdraw services?

31. Part 2: Duties and obligations of health boards 2.1 What are the obligations of LHBs? 2.2 How are health care services accessed? 2.3 Continuing NHS health care 2.4 NHS funded nursing care 2.5 Mental capacity and mental health issues 2.6 SSWBA and local health boards 2.7 Summary

32. Part 3: Challenging Decisions 3.1 Review proceedures 3.2 Complaints proceedures 3.3 Public Services Ombudsman for Wales 3.4 Judicial Review 3.5 Advocacy Services 3.6 Cardiff University, School of Law and Politics pro bono unit

33. Kelly.jones@mencap.org.uk 01248 361254 or 07500 046922 @kelly_mencap Workshops / Volunteers / Networking Contact: Kelly JonesRegional Caseworker, North Wales