All Outputs (30)

Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law (2022)
Journal Article

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

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.

Will and preferences in the overall CRPD project (2019)
Journal Article

This is part of a Forum debate, and is a response to Szmukler's article '"Capacity", "best interests", "will and preferences" and the UN Convention on the Rights of Persons with Disabilities', published in the same issue of World Psychiatry.

Experiences of restrictiveness in forensic psychiatric care: systematic review and concept analysis (2018)
Journal Article

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

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

© 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).

National survey of training of psychiatrists on advance directives to refuse treatment in relation to bipolar disorder (2017)
Journal Article

Aims and Methods: To determine features associated with better perceived quality of training for psychiatrists on advance decision-making in the Mental Capacity Act (MCA), and whether the quality or amount of training were associated with positive at... Read More about National survey of training of psychiatrists on advance directives to refuse treatment in relation to bipolar disorder.

Litigation friends or foes?: representation of 'P' before the Court of Protection (2016)
Journal Article

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.

Space, the final frontier: outdoor access for people living with dementia (2016)
Journal Article

Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005 (2016)
Journal Article

© 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.

Ethical issues of long-term forensic psychiatric care (2016)
Journal Article

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

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

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.

The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law (2012)
Journal Article

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

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

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?.

'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983 (2011)
Journal Article

Current English law has few controls on the involuntary treatment of persons detained under the Mental Health Act 1983. In 2001, R (Wilkinson)v. Broadmoor Special Hospital Authority provided some hope that, in conjunction with the Human Rights Act an... Read More about 'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983.

Mental health law in the community: thinking about Africa (2011)
Journal Article

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.

Sex, dementia, capacity and care homes (2010)
Journal Article

This paper addresses the appropriate legal and policy approach to sexual conduct involving people with dementia in care homes, where the mental capacity of one or both partners is compromised. Such conduct is prohibited by sections 34–42 of the Sexua... Read More about Sex, dementia, capacity and care homes.

‘You may kiss the bride, but you may not open your mouth when you do so’: policies concerning sex, marriage and relationships in English forensic psychiatric facilities (2010)
Journal Article

In 1996, the Royal College of Psychiatrists recommended that all psychiatric facilities in the UK develop policies concerning sexuality and sexual expression for persons contained in those facilities. This paper analyses the prevalence and content of... Read More about ‘You may kiss the bride, but you may not open your mouth when you do so’: policies concerning sex, marriage and relationships in English forensic psychiatric facilities.