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.

Will and preferences in the overall CRPD project (2019)
Journal Article
Bartlett, P. (2019). Will and preferences in the overall CRPD project. World Psychiatry, 18(1), 48-50. https://doi.org/10.1002/wps.20604

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
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).

National survey of training of psychiatrists on advance directives to refuse treatment in relation to bipolar disorder (2017)
Journal Article
Morriss, R., Mudigonda, M., Bartlett, P., Chopra, A., & Jones, S. (2017). National survey of training of psychiatrists on advance directives to refuse treatment in relation to bipolar disorder. BJPsych Bulletin, 41(6), 320-324. https://doi.org/10.1192/pb.bp.116.055343

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.

Stigma, human rights, and the UN Convention on the Rights of Persons with Disabilities (2017)
Book Chapter
Bartlett, P. (2017). 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?. 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.

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.