Bölümler
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In this ‘in conversation with,’ I talk to Jess Foulkes, Dr Suzanne Beeke and Dr Anna Volkmer about their paper in the International Journal of Language & Communication Disorders, Using Conversation Analysis to explore assessments of decision-making capacity in a hospital setting. We explore what ‘conversation analysis,’ means, and how it helps shed light on the process of capacity assessment. We also think about the implications for training and further research. (Note, there is a good cat intervention – hurrah – and an annoying ring tone – sorry – in this episode).
For the original video, see here.
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In this 'in discussion with,' I talk to Professor Anne-Maree Farell and Dr Patrick Hann, two of the co-authors of this paper recently published in the Medical Law Law Review, "Mental health and capacity laws in Northern Ireland: examining the position of children and young people." We examine the (complex) story of law reform in this area in Northern Ireland, think about unfinished business, and reflect on the Northern Ireland experience as a case study for other jurisdictions.
For the original video, see here.
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Eksik bölüm mü var?
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In this ‘in conversation’ with, I talk to Professor Beverley Clough and Dr Laura Pritchard-Jones about the edited collection that they have recently pulled together on Mental Capacity Law, Sexual Relationships and Intimacy. We talk about the background to the book, including the JB case, and the different perspectives that it brings to the – possibly? – intractable problems that are encountered when the law reaches into the bedroom.
For the original video, see here: Mental capacity law, sexual relationships and intimacy – in conversation with Beverley Clough and Laura Pritchard-Jones – Mental Capacity Law and Policy
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In this 'in conversation' with, I talk to Dr Victoria Bradley, Clinical Lead for and Consultant in Palliative Medicine, Oxford University Hospitals NHS Foundation Trust, about choices in palliative care, honesty in discussions and the allocation of responsibilities between doctors and patients (and attorneys).
For the original video, see here: Palliative care, choices and honesty – in conversation with Dr Victoria Bradley – Mental Capacity Law and Policy
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The Law Commission published its consultation paper on disabled children's social care on 8 October. I am a consultant to the project.
In addition to the various other ways in which to get yourself up to speed with the consultation, I have recorded a walkthrough.
The original video walkthrough is here: Disabled children’s social care law in England – the Law Commission consults – Mental Capacity Law and Policy
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In this ‘in conversation’ with, I talk to Hillary Chua of the National University of Singapore about a recent article in the Medical Law Review that she has co-authored with Camillia Kong and Michael Dunn, looking at how essentially identical mental capacity legislation in Singapore and England & Wales has had very different lives in both jurisdictions. We also think about different jurisdictions can learn from each other, for instance in how to approach capacity and in context and the interaction between cognitive impairment and undue influence.
For the original video, see here: Two lives of a Mental Capacity Act – in conversation with Hillary Chua – Mental Capacity Law and Policy
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In this ‘in conversation with’, I talk to Dr Harleen Kaur Johal, a doctor and PhD candidate, about her research as part of the BABEL project into conflict in the ICU. We discuss her interviews with patients, their family members / representatives and clinicians, and think about some of the ways in which conflicts can arise, how they can be managed, and issues which can arise when people seek to avoid conflict.
For the original video, see here: Conflict (and conflict avoidance) in the ICU – in conversation with Dr Harleen Kaur Johal – Mental Capacity Law and Policy
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In this 'in conversation' with Professor Rosie Harding, we talk about the Co-Producing Accessible Legal Information (COALITION) Project, which has recently published its concluding report (and accompanying Easy Read version). We talk both about how to conduct co-produced research, the barriers to accessing justice for those with learning disabilities, and how lawyers can help begin to play their part.
For the original video, see here.
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In this ‘in conversation’ with, I talk to Professor Michael Preston-Shoot about the second national analysis of safeguarding adults reviews he recently led with Professor Suzy Braye. We talk about the background and context, and he draws out some of the key themes, before we conclude with asking whether SARs actually achieve anything.
The three reports coming from the analysis can be found here:
Stage 1: Case characteristics; nature of the abuse and neglect; SAR reviewing process
Stage 2: Analysis of learning
Stage 3: Conclusions and improvement priorities
The Safe Care at Home Review Michael talks about can be found here.
As Michael mentioned, he is happy to be contacted for further details of the work or its implications. His email address is [email protected].uk.
The video of our discussion can be found here.
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In this ‘in conversation with’, I talk to Jacob Jorem, a Norwegian psychiatrist, lawyer and researcher, about the Norwegian experience introducing decision-making capacity into (at least part of) mental health law, why the result of a process designed to reduced coercion was a very significant increase in the number of involuntary orders made, and how to assess why and how legal changes impact on practice.
Two articles explaining the Norwegian experience can be found here.
Impact of introducing capacity-based mental health legislation on the use of community treatment orders in Norway: case registry study
Increased autonomy with capacity-based mental health legislation in Norway: a qualitative study of patient experiences of having come off a community treatment order
I will also update the page when the fruits of the fascinating research Jacob is currently conducting into the Norwegian experience are published.
For the original video, see here: https://www.mentalcapacitylawandpolicy.org.uk/decision-making-capacity-and-mental-health-law-the-norwegian-experience-in-conversation-with-jacob-jorem/
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In this “in conversation with”, I talk to Dr Jim Down about a whole host of matters related to intensive care, inspired by his recent book, Life in the Balance. We cover the realities of being in ICU, the interaction between law and ethics, and get into a discussion about the need for honesty about resource allocation (including touching on this paper about deliberative democracy and triage).
For the original video, see here.
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To mark 10 years since the publication of the report of the House of Lords select committee convened to conduct post-legislative scrutiny of the Mental Capacity Act 2005, Dr Margaret Flynn, Chair of the National Mental Capacity Forum, joins me in the shed. Our conversation examines where the Act came from, and how we are (or are not) making progress in making it an Act which matters.
For the original video, see here.
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In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying / assisted suicide on 29 February 2024 and as a modest contribution to informing debate about these issues, I have recorded an ‘informer,’ in which I give an overview of the current law in England & Wales and worldwide, set out some of the reasons why people might want change, and some reasons why people are concerned about it, and then look at what the European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities might say of relevance. It is quite a lot for half an hour, and it goes without saying that it is an episode which engages with difficult matters.
For the underlying video, see here.
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In this ‘in conversation with’ Professor Gavin Davidson, we discuss the new paper that he has co-authored, entitled Comparing mental health and mental capacity law data across borders: Challenges and opportunities, think about what data is actually useful, and use the example of the island of Ireland to dig into striking differences of approach.
The original video is here.
(The ‘purpose’ clause that we discuss which featured in the report of the Independent Review of the MHA 1983 features at page 67 of here).
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In this ‘in conversation with,’ I am joined by my colleague at 39 Essex Chambers, Arianna Kelly, to talk about her new book, Social Care Charging, and then to look at the issues which arise where decisions about charging and care planning are taking place in relation to those with impaired decision-making capacity.
For the original video, see here.
A review of Arianna’s book can be found in the December 2023 Mental Capacity Report, available here.
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In this ‘in conversation’ with, I talk to the editors of the new Routledge Handbook of Mental Health Law, Professors Brendan Kelly and Mary Donnelly, about the genesis and scope of, and insights, from the book. We discuss, amongst other matters, the concepts of mental illness, lived experience, and the scope of the idea of ‘mental health law.’
For the original video, see here.
Full disclosure, I contributed a chapter to the book with Dr Katherine Reidy (on decision-making capacity in mental health law).
For a 20% discount, valid until 1 March 2024, click on this link here.
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In this ‘in conversation with’ Dr Julia Duffy, we discuss her new book, the indivisibility of rights, and how we might move beyond a focus on autonomy in the context of cognitive impairment to get a richer understanding of personhood.
The original video can be found here.
Julia’s book is called Mental Capacity, Dignity and the Power of International Human Rights, and is available here.
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In this ‘in conversation’ with, I talk to Isabel Astrachan and Dr Scott Kim about the paper we recently published together looking at the ways in which the presumption of capacity in the Mental Capacity Act 2005 (and many other equivalent legislative frameworks in other countries) can be misunderstood, and why ‘suspending’ the presumption in the face of legitimate reason to be concerned about a person’s ability to make a decision is not only the legally, but also the ethically correct thing to do.
For the original video, see here.
The paper we discuss was published in the Journal of Medical Ethics in September 2023, Questioning our presumptions about the presumption of capacity. (If you are not able to access it, please email me at [email protected]).
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