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Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law (2022)
Journal Article
Bartlett, P. (2023). Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law. Modern Law Review, 86(3), 659-700. https://doi.org/10.1111/1468-2230.12774

It is now more than a quarter of a century since the Law Commission completed its ground-breaking report on mental capacity, a report that became the Mental Capacity Act 2005. Since that time, there have been fundamental changes in the legal, social,... Read More about Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law.

Articulating future directions of law reform for compulsory mental health admission and treatment in Hong Kong (2019)
Journal Article
Cheung, D., Dunn, M., Fistein, E., Bartlett, P., Mcmillan, J., & Petersen, C. J. (2020). Articulating future directions of law reform for compulsory mental health admission and treatment in Hong Kong. International Journal of Law and Psychiatry, 68, 1-11. https://doi.org/10.1016/j.ijlp.2019.101513

This article explores and outlines four possible pathways for law reform in the area of compulsory mental health admission and treatment in Hong Kong: the (i) abolition, (ii) risk of harm, (iii) mental capacity and (iv) consensus pathways. The discus... Read More about Articulating future directions of law reform for compulsory mental health admission and treatment in Hong Kong.

Mental disability, the European Convention on Human Rights and Fundamental Rights and Freedoms, and the Sustainable Development Goals (2019)
Book Chapter
Bartlett, P. (2019). Mental disability, the European Convention on Human Rights and Fundamental Rights and Freedoms, and the Sustainable Development Goals. In L. Davidson (Ed.), The Routledge Handbook of International Development, Mental Health and Wellbeing. Routledge

Since Winterwerp v the Netherlands in 1979, the European Court of Human Rights and, later, the European Committee for the Prevention of Torture, have been developing law and policy on human rights and mental disability (taken in this chapter to inclu... Read More about Mental disability, the European Convention on Human Rights and Fundamental Rights and Freedoms, and the Sustainable Development Goals.

Experiences of restrictiveness in forensic psychiatric care: systematic review and concept analysis (2018)
Journal Article
Tomlin, J., Bartlett, P., & Völlm, B. (2018). Experiences of restrictiveness in forensic psychiatric care: systematic review and concept analysis. International Journal of Law and Psychiatry, 57, https://doi.org/10.1016/j.ijlp.2017.12.006

Mentally disordered offenders may be sent to secure psychiatric hospitals. These settings can resemble carceral spaces, employing high levels of security restricting resident autonomy, expression and social interaction. However, research exploring th... Read More about Experiences of restrictiveness in forensic psychiatric care: systematic review and concept analysis.

National survey and analysis of barriers to the utilisation of the 2005 mental capacity act by people with bipolar disorder in England and Wales (2017)
Journal Article
Morriss, R., Mudigonda, M., Bartlett, P., Chopra, A., & Jones, S. (2017). National survey and analysis of barriers to the utilisation of the 2005 mental capacity act by people with bipolar disorder in England and Wales. Journal of Mental Health, 1-8. https://doi.org/10.1080/09638237.2017.1340613

Background: The Mental Capacity Act (2005) (MCA) provides a legal framework for advance planning for both health and welfare in England and Wales for people if they lose mental capacity e.g. through mania or severe depression. Aims: To determine the... Read More about National survey and analysis of barriers to the utilisation of the 2005 mental capacity act by people with bipolar disorder in England and Wales.

Urgently awaiting implementation: The right to be free from exploitation, violence and abuse in Article 16 of the Convention on the Rights of Persons with Disabilities (CRPD) (2017)
Journal Article
Bartlett, P., & Schulze, M. (2017). Urgently awaiting implementation: The right to be free from exploitation, violence and abuse in Article 16 of the Convention on the Rights of Persons with Disabilities (CRPD). International Journal of Law and Psychiatry, 53, 2-14. https://doi.org/10.1016/j.ijlp.2017.05.007

© 2017 The Convention on the Rights of Persons with Disabilities (CRPD) enshrines the freedom from exploitation, violence and abuse, a provision, which has hitherto received little attention. Exploring the contents of Article 16, this paper seeks to... Read More about Urgently awaiting implementation: The right to be free from exploitation, violence and abuse in Article 16 of the Convention on the Rights of Persons with Disabilities (CRPD).

Litigation friends or foes?: representation of 'P' before the Court of Protection (2016)
Journal Article
Ruck Keene, A., Bartlett, P., & Allen, N. (2016). Litigation friends or foes?: representation of 'P' before the Court of Protection. Medical Law Review, 24(3), https://doi.org/10.1093/medlaw/fww016

This paper argues that, properly analysed, the common law and the European Convention on Human Rights (‘ECHR’) march hand in hand with the provisions of the Mental Capacity Act 2005 (‘MCA 2005’) so as to impose a set of requirements on litigation fri... Read More about Litigation friends or foes?: representation of 'P' before the Court of Protection.

Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005 (2016)
Journal Article
Bartlett, P., Mudigonda, M., Chopra, A., Morriss, R., & Jones, S. (2016). Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005. Journal of Social Welfare and Family Law, 38(3), 263-286. https://doi.org/10.1080/09649069.2016.1228145

© 2016 Informa UK Limited, trading as Taylor & Francis Group. The Mental Capacity Act 2005 provides a variety of legal mechanisms for people to plan for periods of incapacity for decisions relating to personal care, medical treatment, and financial... Read More about Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005.

Stigma, human rights, and the UN Convention on the Rights of Persons with Disabilities (2016)
Book Chapter
Bartlett, P. (2016). Stigma, human rights, and the UN Convention on the Rights of Persons with Disabilities. In W. Gaebel, W. Roessler, & N. Sartorius (Eds.), The stigma of mental illness – end of the story? (209-223). Springer. https://doi.org/10.1007/978-3-319-27839-1_12

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) requires that people with disabilities, including those with mental disabilities (be they psychosocial disabilities/mental health problems or learning disabilities), be a... Read More about Stigma, human rights, and the UN Convention on the Rights of Persons with Disabilities.

Reforming the Deprivation of Liberty Safeguards (DOLS): what is it exactly that we want? (2014)
Journal Article
Bartlett, P. (2014). Reforming the Deprivation of Liberty Safeguards (DOLS): what is it exactly that we want?

The Deprivation of Liberty Safeguards (DOLS) are the rules by which people who lack mental capacity can be deprived of liberty, most commonly in care homes or hospitals but also in supported accommodation and in the community more broadly. The prese... Read More about Reforming the Deprivation of Liberty Safeguards (DOLS): what is it exactly that we want?.

Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005 (2014)
Journal Article
Bartlett, P. (2014). Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005

The House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005 reported on 13 March 2014. This paper considers the findings and recommendations of the Committee, and in particular its two key recommendations – the establishme... Read More about Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005.

Implementing a paradigm shift: implementing the Convention on the Rights of Persons with Disabilities in the context of mental disability law (2014)
Book Chapter
Bartlett, P. (2014). Implementing a paradigm shift: implementing the Convention on the Rights of Persons with Disabilities in the context of mental disability law. In Torture in healthcare settings: reflections on the Special Rapporteur on Torture’s 2013 Thematic Report. Centre for Human Rights and Humanitarian Law, American University Washington College of Law

The passage of the CRPD in 2006 promises a paradigm shift in the rights of people with disabilities. Implementing this paradigm shift is a major undertaking requiring the involvement of a wide range of stakeholders. The required reforms extend acro... Read More about Implementing a paradigm shift: implementing the Convention on the Rights of Persons with Disabilities in the context of mental disability law.

Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment (2012)
Book Chapter
Bartlett, P. (2012). Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment. In E. Brems (Ed.), Diversity and human rights: rewriting judgments of the ECHR (352-381). Cambridge University Press

This chapter forms part of a E Brems (ed.), Diversity and Human Rights: Rewriting Judgments of the ECHR (Cambridge: CUP, forthcoming 2013), in which lawyers and academics re-write judgments of the ECHR in a number of human rights areas. This cha... Read More about Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment.

The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law (2012)
Journal Article
Bartlett, P. (2012). The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law. Modern Law Review, 75(5), https://doi.org/10.1111/j.1468-2230.2012.00923.x

The United Nations Convention on the Rights of Persons with Disability (CRPD) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of English mental health and mental capa... Read More about The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law.

A mental disorder of a kind or degree warranting confinement: examining justifications for psychiatric detention (2012)
Journal Article
Bartlett, P. (2012). A mental disorder of a kind or degree warranting confinement: examining justifications for psychiatric detention. International Journal of Human Rights, 16(6), https://doi.org/10.1080/13642987.2012.706008

It has long been the case in jurisprudence under the European Convention on Human Rights that mental disorder must be of a certain severity in order to justify detention, but there has been little meaningful debate as to what that means. The questio... Read More about A mental disorder of a kind or degree warranting confinement: examining justifications for psychiatric detention.

‘Appropriate’ medical treatment: what’s in a word? (2012)
Journal Article
Phull, J., & Bartlett, P. (2012). ‘Appropriate’ medical treatment: what’s in a word?. Medicine, Science and the Law, https://doi.org/10.1258/msl.2011.011023

Following the amendments in the 2007 Act, there were several revisions made focusing largely on community treatment orders and deprivation of liberty of persons lacking capacity. One of the amendments included a requirement that ‘appropriate treatmen... Read More about ‘Appropriate’ medical treatment: what’s in a word?.

Mental health law in the community: thinking about Africa (2011)
Journal Article
Bartlett, P., Jenkins, R., & Kiima, D. (2011). Mental health law in the community: thinking about Africa. International Journal of Mental Health Systems, 5(21), https://doi.org/10.1186/1752-4458-5-21

The new United Nations Convention on the Rights of Persons with Disabilities creates a new paradigm for mental health law, moving from a focus on institutional care to a focus on community-based services and treatment. This article considers implem... Read More about Mental health law in the community: thinking about Africa.