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Outputs (37)

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.

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.

'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983 (2011)
Journal Article
Bartlett, P. (2011). 'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983. Medical Law Review, 19(4), https://doi.org/10.1093/medlaw/fwr025

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.

Reforming mental disability law in Africa: practical tips and suggestions (2010)
Book
Bartlett, P., & Hamzic, V. (2010). Reforming mental disability law in Africa: practical tips and suggestions. University of Nottingham, Human Rights Law Centre

This report constitutes a major output of the project Designing Mental Health Law in Developing Countries: A Case Study of Lesotho which was directed by Professor Peter Bartlett, Nottinghamshire Healthcare NHS Trust Professor of Mental Health. The re... Read More about Reforming mental disability law in Africa: practical tips and suggestions.

‘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
Bartlett, P., Mantovani, N., Cratsley, K., Dillon, C., & Eastman, N. (2010). ‘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. Liverpool Law Review, 31(2), https://doi.org/10.1007/s10991-010-9078-5

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.

Sex, dementia, capacity and care homes (2010)
Journal Article
Bartlett, P. (2010). Sex, dementia, capacity and care homes. Liverpool Law Review, 31(2), https://doi.org/10.1007/s10991-010-9077-6

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.

A matter of necessity? Enforced treatment under the Mental Health Act: R. (JB) v. responsible medical officer Dr A. Haddock, Mental Health Act Commission second opinion appointed doctor, Dr. Rigby, Mental Health Act Commission second opinion appointed Doctor Wood, [2006] E.W.C.A. Civ. 961 (2007)
Journal Article
Bartlett, P. (2007). A matter of necessity? Enforced treatment under the Mental Health Act: R. (JB) v. responsible medical officer Dr A. Haddock, Mental Health Act Commission second opinion appointed doctor, Dr. Rigby, Mental Health Act Commission second opinion appointed Doctor Wood, [2006] E.W.C.A. Civ. 961. Medical Law Review, 15(1), https://doi.org/10.1093/medlaw/fwl027

This case concerned the substantive prerequisites for involuntary treatment under the Mental Health Act 1983 (MHA). The parties agreed that following the European Court of Human Rights ruling in Herczegfalvy v. Austria, treatment for mental disorder... Read More about A matter of necessity? Enforced treatment under the Mental Health Act: R. (JB) v. responsible medical officer Dr A. Haddock, Mental Health Act Commission second opinion appointed doctor, Dr. Rigby, Mental Health Act Commission second opinion appointed Doctor Wood, [2006] E.W.C.A. Civ. 961.

Psychiatric treatment: in the absence of law?: R (on the application of B) v. Ashworth Hospital Authority and another, [2005] U.K.H.L. 20 (2006)
Journal Article
Bartlett, P. (2006). Psychiatric treatment: in the absence of law?: R (on the application of B) v. Ashworth Hospital Authority and another, [2005] U.K.H.L. 20. Medical Law Review, 15(1), https://doi.org/10.1093/medlaw/fwi037

This case concerns the scope of the compulsory treatment provisions of the Mental Health Act 1983. In particular, it determines whether persons confined under that Act may be compulsorily treated for any mental disorder or only for the form of mental... Read More about Psychiatric treatment: in the absence of law?: R (on the application of B) v. Ashworth Hospital Authority and another, [2005] U.K.H.L. 20.

Legal madness in the nineteenth century (2001)
Journal Article
Bartlett, P. (2001). Legal madness in the nineteenth century. Social History of Medicine, 14(1), https://doi.org/10.1093/shm/14.1.107

Legal sources remain under-exploited in the history of madness, and the legal character of some documents is sometimes unrecognized. This article examines the interrelations between legal and medical histories of madness, and discusses use and availa... Read More about Legal madness in the nineteenth century.

Structures of confinement in nineteenth-century asylums, using England and Ontario as a comparative study (2000)
Journal Article
Bartlett, P. (2000). Structures of confinement in nineteenth-century asylums, using England and Ontario as a comparative study. International Journal of Law and Psychiatry, 23(1), https://doi.org/10.1016/S0160-2527%2898%2900041-7

Traditionally, historians of the care of the insane have understood their work as a branch of medical history. This paper focuses instead on the administrative structures of nineteenth century asylums. These are geographically specific and historica... Read More about Structures of confinement in nineteenth-century asylums, using England and Ontario as a comparative study.

The asylum, the workhouse, and the voice of the insane poor in nineteenth century England (1998)
Journal Article
Bartlett, P. (1998). The asylum, the workhouse, and the voice of the insane poor in nineteenth century England. International Journal of Law and Psychiatry, 21(4), https://doi.org/10.1016/S0160-2527%2898%2900023-5

The history of psychiatry is not merely the history of psychiatrists; it is also the history of patients. In this paper, admission records and case notes of a county asylum are used to consider the attitudes of those confined within it, and how the... Read More about The asylum, the workhouse, and the voice of the insane poor in nineteenth century England.

Sodomites in the pillory in eighteenth-century London (1997)
Journal Article
Bartlett, P. (1997). Sodomites in the pillory in eighteenth-century London. Social and Legal Studies, 6(4), https://doi.org/10.1177/096466399700600406

The arrival of the eighteenth century brought with it new legal attention to sodomitical behaviour. Nowhere was this more notorious and public than in the punishment of those offences in the pillory. This paper argues that the pillory was a product... Read More about Sodomites in the pillory in eighteenth-century London.