Mental Capacity Matters with Alex Ruck Keene

Restraint, learning disability and Seni’s Law – in conversation with Beverley Samways:

Thu, 05 Mar 2026 09:00:00 +0000

In this ‘in conversation’ with Dr Beverley Samways, we talk about the scoping review she has led on to review NHS restraint policies in relation to people with learning disabilities, in the context of Seni’s Law (the Mental Health Units (Use of Force) Act 2018), explaining the motivation, the findings and the recommendations, to be found on the resources page for the project here.

The original video can be found here.

Translating insight – in conversation with Professor Tony David

Tue, 17 Feb 2026 09:00:00 +0000

In this ‘in conversation with,’ I talk to Professor Tony David about his new paper, Insight, the law and psychiatry: Going round in circles or playing nice?. We talk about what ‘insight’ means clinically, and how law and medicine can have a more productive discussion about applying the concept in a way which better secures the interests of those whose capacity to make relevant decisions may be under examination.

For the original video, see here.

Overwhelming desires and capacity – in conversation with Dr Joe Gough

Thu, 05 Feb 2026 09:00:00 +0000

In this ‘in conversation’ with Dr Joe Gough, we discuss some of the fruits of his British Academy Postdoctoral Fellowship at the University of Oxford looking at legal and medical assessments of decision-making capacity, how they misfire for the neurodivergent and cognitively disabled, and how this should inform philosophical accounts of agency and autonomy. In this conversation, we look in particular at the assessment of capacity in the context of anorexia, the challenges that anorexia poses to the very concept of capacity, and how to think about justifications for intervention without falling into ‘outcome’ based assessments of capacity.

The papers we refer to in the discussion are.

Affect, Autonomy, Authenticity, and the Assessment of Decision‐Making Capacity: The Problem of Tyrannical Coherence

Decisional capacity, Cartesianism, the CRPD and obfuscating paternalism: substituting ‘supported’ for ‘substitute’

Race and mental capacity: no panacea

Best interest and family compromise

Joe also has a book forthcoming from Oxford University Press, After Mind: Myths of Mind and Mechanism in Philosophy, Science, Medicine, and Law, developing these arguments in a broader context.

For the original video, see here.

Nearest relatives – the law and the reality: in conversation with Nick Robinson, Judy Laing and Jeremy Dixon

Tue, 20 Jan 2026 09:00:00 +0000

In this ‘in conversation with,’ I talk to Nick Robinson, Professor Judy Laing, and Dr Jeremy Dixon about the website that they have recently been involved in setting up providing resources for nearest relatives under the Mental Health Act 1983. Nick gives the perspective of a nearest relative, Jeremy explains the research underpinning the project, Judy explains the resources available, and all three reflect on the difference between the law and legal literacy / legal confidence, and also give some thoughts about the move to ‘nominated persons’ to be brought in by the Mental Health Act 2025.

For the original video, see here.

Supporting the legal capacity of all persons with disabilities – in conversation with János Fiala-Butor

Mon, 12 Jan 2026 09:00:00 +0000

In this ‘in conversation with,’ I talk to the lawyer and academic Dr János Fiala-Butora about his new book, Implementing the Right to Decide under the Convention on the Rights of Persons with Disabilities: Supporting the Legal Capacity of All Persons with Disabilities (Hart, 2025). We think about the debates around legal capacity in the Convention on the Rights of Persons with Disabilities, and discuss János’s innovative suggestions about how to move forward from a situation which appears to have become somewhat stuck.

For the original video, see here.

My review of János’s book is here (from which you will see why I was quite so keen to talk to him!).

Psychiatry and human nature – in conversation with Professor Gareth Owen

Tue, 06 Jan 2026 09:00:00 +0000

In this ‘in conversation with,’ I talk to Professor Gareth Owen about his new book Psychiatry and Human Nature: Classic and Romantic Perspectives, and he helps unpack what ‘classic’ and ‘romantic’ mean in this context, moving into deep waters around capacity and risk to others as we go.

The work that we discuss around mental capacity in the second part of the discussion can be accessed via this website.

For the original video, see here.

Person-specific determinations

Fri, 12 Dec 2025 09:00:00 +0000

Following on from my videos about capacity and best interests, this video seeks to put those concepts to practical application.

The slides are here.

Boring but necessary caveat: nothing in this constitutes legal advice

Children in complex situations at risk of deprivation of liberty – in conversation with Dr Susannah Bowyer

Tue, 25 Nov 2025 09:00:00 +0000

In this ‘in conversation’ with, I talk to Dr Susannah Bowyer, Deputy Director at Research in Practice, about the recent research paper published by Research in Practice and the National Children’s Bureau (commissioned by DfE) entitled (snappily) Improving the outcomes of looked-after children and young people in complex situations with multiple needs, at risk or subject to a Deprivation of Liberty. Spoiler alert, we do not spend a great deal of time on the technicalities of deprivation of liberty, but instead think about the ‘upstream’ issues (we do, though, flag chapter 5 of the paper – the case-law briefing) written by Camilla Parker KC (Hon)).

For the original video, see here.

Is mental capacity law law? In conversation with Professor John Coggon

Wed, 19 Nov 2025 09:00:00 +0000

In this ‘in conversation with,’ I talk to Professor John Coggon about his – deliberately! – provocative new paper Is Mental Capacity Law Law?. We think about what ‘law’ means in this context, and what judges are doing in legal terms when they are judging in the Court of Protection. And I charge John with nihilism…

The original video is here.

50 years in mental health and capacity law – in conversation with Peter Edwards

Wed, 19 Nov 2025 09:00:00 +0000

In this ‘in conversation with,’ I talk to Peter Edwards, a solicitor who has just passed his 50 year mark working in mental health (and, since it became a ‘thing,’ mental capacity law), and who has had quite the most extraordinarily varied and significant impact in ways that you might not be aware of. The article that I mention which sets out some of the things that he has done is here, but we use the time to reflect on what has changed for the good, for the bad, and on the ways in which the law helps and hinders.

The original video can be found here.

The CRPD, the state and civil society – in conversation with Professor Peter Bartlett

Thu, 25 Sep 2025 09:00:00 +0000

In this ‘in conversation with,’ I talk to Professor Peter Bartlett about his article “Beyond the liberal subject: challenges in interpreting the CRPD, and the CRPD’s challenges to human rights,” and discuss how the CRPD challenges conventional civil and political rights, the implications for the role of the state (and what happens if the state is not benign), and what the CRPD requires of civil society.

As Peter notes, the article forms part of a special edition of the Human Rights Law Review on the CRPD and next generation human rights thinking.

For the original video, see here.

Capacity assessment and conversation analysis – in discussion with Jess Foulkes, Suzanne Beeke and Anna Volkmer

Sat, 15 Mar 2025 09:00:00 +0000

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.

Mental health, capacity and children - in discussion with Anne-Maree Farrell and Patrick Hann

Mon, 24 Feb 2025 09:00:00 +0000

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.

Mental capacity law, sexual relationships and intimacy – in conversation with Beverley Clough and Laura Pritchard-Jones

Sun, 27 Oct 2024 09:00:00 +0000

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

Palliative care, choices and honesty - in conversation with Dr Victoria Bradley

Wed, 23 Oct 2024 09:00:00 +0000

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

Disabled Children's Social Care: Law Commission consultation paper walkthrough

Wed, 16 Oct 2024 09:00:00 +0000

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

Two lives of a Mental Capacity Act – in conversation with Hillary Chua

Mon, 14 Oct 2024 09:00:00 +0000

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

Conflict (and conflict avoidance) in the ICU – in conversation with Dr Harleen Kaur Johal

Wed, 18 Sep 2024 09:00:00 +0000

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

The police and the Mental Capacity Act 2005 - in conversation with Michael Brown

Mon, 09 Sep 2024 09:00:00 +0000

In this 'in conversation with', I talk to the very recently retired police officer, Michael Brown - the Mental Health Cop, about the police, the MCA 2005, the red herring of 'capacity to commit criminal offences,' and the complexities of emergency situat

Learning disability, access to justice, and the role of the law (and lawyers) - in conversation with Rosie Harding

Sun, 08 Sep 2024 09:00:00 +0000

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.

Safeguarding Adults Reviews – themes and implications from a national analysis: in discussion with Professor Michael Preston-Shoot

Mon, 22 Jul 2024 09:00:00 +0000

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 michael.preston-shoot@beds.ac.uk.

The video of our discussion can be found here.

Decision-making capacity and mental health law – the Norwegian experience: in conversation with Jacob Jorem

Thu, 27 Jun 2024 09:00:00 +0000

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/

Life in the balance in ITU – in conversation with Dr Jim Down

Thu, 06 Jun 2024 09:00:00 +0000

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.

How is the Mental Capacity Act faring? In conversation with Dr Margaret Flynn

Wed, 13 Mar 2024 09:00:00 +0000

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.

Assisted dying / assisted suicide – an informer

Tue, 12 Mar 2024 09:00:00 +0000

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.

How to compare mental health and mental capacity frameworks across countries: in conversation with Professor Gavin Davidson

Thu, 01 Feb 2024 09:00:00 +0000

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).

Mental health, coercion, lived experience and what is truly important - in conversation with Graham Morgan

Thu, 21 Dec 2023 09:00:00 +0000

In the last 'in conversation' of 2023, I talk to Graham Morgan about his perspective on coercion in mental healthcare, what 'lived experience' means, and what is truly important in the mental health context.

For the original video, see here.

Charging, the Care Act and capacity – in conversation with Arianna Kelly

Fri, 08 Dec 2023 09:00:00 +0000

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.

The Routledge Handbook of Mental Health Law – in conversation with Professors Brendan Kelly and Mary Donnelly

Mon, 27 Nov 2023 09:00:00 +0000

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.

Moving beyond autonomy: the indivisibility of rights – in conversation with Dr Julia Duffy

Tue, 07 Nov 2023 09:00:00 +0000

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.

Questioning our presumptions about the presumption of capacity – in conversation with Isabel Astrachan and Dr Scott Kim

Fri, 20 Oct 2023 09:00:00 +0000

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 alex.ruckkeene@39essex.com).

Insight and mental health care: the perspective of those whose insight is being questioned: in conversation with Dr Magda Furgalska

Sat, 09 Sep 2023 09:00:00 +0000

In this ‘in conversation’ with, I talk to Dr Magda Furgalska about her research into people's lived experiences of ‘insight’ in the context of (often compulsory) mental health care, and we explore also whether and how it might be possible to move away from reliance upon a concept which finds no formal place in the law.

For the original video, see here.

The mental capacity and mental health law and policy landscape – a stocktake

Thu, 24 Aug 2023 09:00:00 +0000

As (for some at least) a summer break is starting to come to an end, I have recorded a version of a talk that I gave to the Essex Autonomy Project’s 2023 Summer School, taking stock of the mental capacity and mental health law and policy landscape as at August 2023. Its primary focus is on England & Wales, but it also includes developments in the UK and further afield, including thinking about the implications of the French language version of Article 19 CRPD providing not for ‘living independently’, but ‘autonomie de vie’ (Warning, it is longer than a usual shedinar!).

The original video can be found here.

The slides accompanying the talk can be found here.

Self-binding directives: the view from Europe – in discussion with Matthé Scholten

Thu, 27 Jul 2023 09:00:00 +0000

In this ‘in conversation with’, I talk to Dr Matthé Scholten about self-binding directives, coercion in mental health treatment and how to characterise treatment that is in line with a person’s will but not their current preferences.

For the original video, see here.

Details of the SALUS project Matthé is working on can be found here.

Three articles describing matters discussed in the conversation in more detail are:

Scholten, M., S. Efkemann, M. Faissner, M. Finke, J. Gather, T. Gergel, L. van der Ham, G. Juckel, A. L. van Melle, G. Owen, S. Potthoff, L. A. Stephenson, G. Szmukler, A. Vellinga, J. Vollmann, Y. Voskes, A. Werning, and G. Widdershoven. 2023. “Opportunities and challenges of self-binding directives: A comparison of research with stakeholders in three European countries.” European Psychiatry 66 (1): e48. https://doi.org/10.1192/j.eurpsy.2023.2421.
Scholten, M., S. Efkemann, M. Faissner, M. Finke, J. Gather, T. Gergel, L. van der Ham, G. Juckel, A. L. van Melle, G. Owen, S. Potthoff, L. A. Stephenson, G. Szmukler, A. Vellinga, J. Vollmann, Y. Voskes, A. Werning, and G. Widdershoven. 2023. “Implementation of self-binding directives: Recommendations based on expert consensus and input by stakeholders in three European countries.” World Psychiatry 22 (2): 332-333. https://doi.org/10.1002/wps.21095.
Scholten, Matthé, Laura van Melle, and Guy Widdershoven. 2021. “Self-binding directives under the new Dutch Law on Compulsory Mental Health Care: An analysis of the legal framework and a proposal for reform.” International Journal of Law and Psychiatry 76: 101699. https://doi.org/10.1016/j.ijlp.2021.101699

Forensic medical examination and adults at risk of harm - in conversation with Dr Elisabeth Alton

Wed, 05 Jul 2023 09:00:00 +0000

In this ‘in conversation’ with, I talk to Dr Elisabeth Alton about the pilot forensic service to support safeguarding adults that she has led on, designed to provide an examination service for adults at risk of harm who may have suffered a non-accidental injury as a result of physical abuse or neglect.

For the original video, see here.

Details of ‘Adult A’s’ case that Elisabeth talks about at the start of the video can be found here (and we can confirm that Adult A’s family are aware of, and happy with the fact, that we talk about his case in this video).

The evaluation of the pilot we discuss towards the end is here.

Interpersonal influence and decision-making capacity – in conversation with Kevin Ariyo

Mon, 19 Jun 2023 09:00:00 +0000

In this ‘in conversation with’, I talk to Dr Kevin Ariyo about the research that he led (as part of the as part of the Mental Health & Justice Project) into interpersonal influence and decision-making capacity, focusing on the way in which this issue has played out in the courts, and asking what the research might tell us about how we can think better about this area.

For the original video, see here.

Advance choice documents – turning research into reality: in conversation with Abiy Babatunde

Fri, 02 Jun 2023 09:00:00 +0000

In this – the 50th! – ‘in conversation’ with, I talk to Abiy Babatunde, research assistant on the Advance Statements for Black African and Caribbean (AdStaC project), which seeks to improve Black service users’[1] experiences in mental health services in South London by co-producing and testing an advance choice implementation resource with Black service users, mental health professionals and carers/supporters of Black service users. Abiy explains how the research came out, how it has been developed, and progress so far. We also discuss how to manage fears on the parts of service users and staff about making and using such advance choice documents, and the benefits of co-producing advance choice documents.

For the original video, see here.

If you want to read more about the project, a good starting point is this article led on by Abiy.

[1] I am conscious that there are a range of terms which could be used here; as the project settled on ‘service user.’ I use that here.

Refusing food in prison - in conversation with Donna Phillips

Mon, 22 May 2023 09:00:00 +0000

In this 'in conversation with', I talk to Donna Phillips, Head of Safeguarding at Spectrum Community Health CIC, about the challenges that arise where prisoners refuse food, and about her research leading to a new toolkit to help work through the dilemmas that arise.

For the original video, see here.

Islam, capacity and best interests – in conversation with Siddiq Diwan

Wed, 03 May 2023 09:00:00 +0000

In this 'in conversation with,' I talk to Siddiq Diwan, Imam and Lead Muslim Chaplain at the Manchester University Hospital Foundation Trust (and Vice Director of the Ethics Council at The British Islamic Medical Association). I learn something of the Islamic perspective on the concepts of capacity and best interests, and think with him about navigating some of the complexities of these issues in the medical treatment context.

For the original video, see here.

Supported decision-making – the principles and the point: in conversation with Shih-Ning Then

Mon, 27 Mar 2023 09:00:00 +0000

In this ‘in conversation with,’ I talk to Professor Shih-Ning Then about supported decision-making, exploring the meaning of the term, how it is understood and what it might mean in different contexts, in the context of a hugely important report on the subject she has contributed to for the Living Disability Research Centre at La Trobe University, commissioned by the Australian Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

The website and e-learning materials for the La Trobe Supported Decision-Making Framework we talk about during our conversation can be found here.

For the original video, see here.

Capacity and organ donation – the complexities and the potential for discrimination: in conversation with Bonnie Venter

Thu, 23 Mar 2023 09:00:00 +0000

In this ‘in conversation with,’ I talk to Bonnie Venter about her work investigating the complexities of living organ donation in England & Wales, and think about the issues caused where either the proposed donor or the potential recipient has impaired decision-making capacity.

The paper Bonnie and I discuss, published in the Journal of Medical Ethics, and prompted by the case of William Verden, can be found here (it is behind a paywall but if you ask nicely I am sure we can help).

The paper that we talk about led on by Rebecca Thom looking at inequitable access to transplants for adults with impaired decision-making capacity, which appeared in Transplant International in March 2022, can be found here.

For the original video, see here.

Supporting decision-making and reducing coercion in mental health care – in conversation with Dr Piers Gooding

Fri, 03 Mar 2023 09:00:00 +0000

In this ‘in conversation with’ across time zones, I talk to Dr Piers Gooding about his work in relation to supported decision-making and the work that he has been involved in drawing together concrete evidence of steps that can be take to reduce (or prevent) coercion in mental health care. Drawing on his experiences, we think about incremental vs ‘big bang’ approaches to reform.

For the original video, see here.

Alcohol Related Brain Damage and capacity – in conversation with Ken Wilson and Julia Lewis

Mon, 20 Feb 2023 09:00:00 +0000

In this ‘in conversation’ with, I learn from (retired) Professor Ken Wilson and Dr Julia Lewis about Alcohol Related Brain Damage and its often subtle impacts upon mental capacity. We also discuss when and why thinking about capacity to manage alcohol is actually useful in the abstract.

For the original video, see here.

Advance directives across Asia - in conversation with Daisy Cheung and Michael Dunn

Thu, 09 Feb 2023 09:00:00 +0000

In this 'in conversation' with, I learn about the background to the new book co-edited by Daisy Cheung and Michael Dunn, Advance Directives Across Asia: A Comparative Socio-legal Analysis (available as a free ebook here). We discuss the challenges of undertaking comparative research in relation to such a diverse group of jurisdictions (see here for a slide setting out the countries covered, and the types of approach that they have), and I cruelly put both of them on the spot to highlight jurisdictions that they found particularly striking in their approaches.

For the original video, see here.

A long-term perspective in capacity: in conversation with Dr Janet Weston

Tue, 31 Jan 2023 09:00:00 +0000

In the most recent (slightly snuffly) in conversation, I talk to Dr Janet Weston about her fascinating book Looking after Miss Alexander: Care, Mental Capacity, and the Court of Protection in Mid-Twentieth-Century England (available for free here). I learn what led her to tell Miss Alexander's story, what that story tells us about approaches to capacity in the middle of the 20th century, and what it might have to tells us to thinking about contemporary dilemmas.

For the original video, see here.

Powers of Attorney Bill – what changes would it make to the LPA regime in England & Wales?

Fri, 27 Jan 2023 09:00:00 +0000

In May 2022, the Ministry of Justice indicated in its response to the Modernising Lasting Powers of Attorney consultation that it intended to bring forward primary legislation to amend the MCA 2005 to reform a number of key provisions relating to LPAs. Stephen Metcalfe MP introduced in December a Private Members’ Bill, the Powers of Attorney Bill 2022, which has government support, and has progressed beyond second reading.

In this podcast, I do a short walkthrough of the Bill and some of the key changes it is proposing (as well as one key one which is not been proposed.

For the original video, and the resources referred to in the podcast, see here.

Draft Mental Health Bill – the Parliamentary scrutiny committee reports (and walkthrough)

Thu, 19 Jan 2023 09:00:00 +0000

The Joint Committee on the Draft Mental Health Bill has today (19 January 2023) published its pre-legislative scrutiny report on the draft Bill. This podcast is a walkthrough of its conclusions and recommendations.

For the original video, see here.

Interdisciplinarity, capacity paradigms and new challenges for capacity – in conversation with Dr Gareth Owen (capacity paradigms)

Tue, 17 Jan 2023 09:00:00 +0000

In a slightly different ‘in conversation with,’ in that the tables are turned half-way though and I’m on the spot, Dr Gareth Owen and I reflect on our work on the Mental Health and Justice Project, and discuss the need for (and complexities of) interdisciplinarity in mental health research, drawing on a chapter in a forthcoming book. We then turn to a paper I led on - just published in the Medical Law Review - about whether there has been a paradigm shift in mental capacity law brought about by the Convention on the Rights of Persons with Disabilities, if not, why not, and whether more recent developments mean that it is possible to put some of the more unhelpful debates behind us. We also spend a few minutes at the end looking at new challenges for the concept of capacity posed by moves towards assisted dying/assisted suicide.

If you want to come in half-way through our discussion and think about capacity paradigms, stay here. If you want the full discussion, go to the earlier episode.

For the original video, see here.

Our earlier discussion can be found here.

For more about interdisciplinarity in the MHJ context, see here.

The Medical Law Review paper accompanies research-based guidance in relation to capacity assessments available here.

Interdisciplinarity, capacity paradigms and new challenges for capacity – in conversation with Dr Gareth Owen (full discussion)

Tue, 17 Jan 2023 09:00:00 +0000

For the full discussion, join us here. If you want to come in half-way through and think about capacity paradigms, listen to the next episode.

For the original video, see here.

Our earlier discussion can be found here.

For more about interdisciplinarity in the MHJ context, see here.

The Medical Law Review paper accompanies research-based guidance in relation to capacity assessments available here.

Judging Values And Participation In Mental Capacity Law – in conversation with Dr Camillia Kong and Professor Penny Coope

Tue, 10 Jan 2023 09:00:00 +0000

In this shedinar, I discuss the genesis, findings and headline points of the Judging Values project led by Camillia Kong with Camillia and Professor Penny Cooper.

For the original video, see here.

For more on the research, including the papers and videos that we discuss, see the project website here. For the final project report, see here.

2022 - a year in Court of Protection cases

Mon, 02 Jan 2023 09:00:00 +0000

In the first shedinar of 2023, I have done a review of the key cases from the Court of Protection (with one from the Court of Appeal and a 'watch this space' from the Supreme Court) from 2022.

The original video can be found here.

How to read a Court of Protection judgment

Mon, 31 Oct 2022 09:00:00 +0000

Prompted by a number of situations recently in which I have been concerned that professionals may not always know how to read a Court of Protection judgment and whether, and how, it applies to a similar-sounding situation in front of them (especially reading coverage of this case), I’ve recorded a short (15) minute shedinar on the subject.

For the original video, see here.

Decision-making styles and stresses - the case of autism: in conversation with David Mason

Fri, 21 Oct 2022 09:00:00 +0000

In this 'in conversation,' I talk to PhD student David Mason about the research that the King's College London ReSpect Lab is undertaking with autistic people into decision-making styles and stresses, and how this research can assist in thinking better about mental capacity assessments in the context of autism.

For the original video, see here.

Mental health law reform – the Scottish perspective: in conversation with Professor Jill Stavert and Professor Colin McKay

Sat, 15 Oct 2022 09:00:00 +0000

In this episode, I am joined, not in the shed (under repair), by Professors Jill Stavert and Colin McKay, both members of the executive team of the Scottish Mental Health Law Review chaired by (Lord) John Scott QC. The Review reported in September 2022, and our discussion explores why the Review was needed, how it was carried out, and its key recommendations. We look in particular at what it means to carry out a review seeking to implement positive rights in the mental health and capacity sphere. Note: the tin cans and string between London and Edinburgh gave up briefly at a couple of moments, for which apologies.

For the original video, see here.

Advance choice documents: their potential and prerequisites – in conversation with Dr Lade Smith CBE

Sat, 24 Sep 2022 09:00:00 +0000

In the latest ‘in conversation with,’ Dr Lade Smith CBE and I talk about advance choice documents in the mental health context, their potential, and the prerequisites for making them work.

The original video can be found here.

Online safeguarding, capacity and rights to participation – in conversation with Professor Andy Phippen

Wed, 21 Sep 2022 09:00:00 +0000

In this ‘in conversation’ with Professor Andy Phippen, we talk about online safeguarding, capacity, and why Andy really dislikes the term ‘online safety’.

For the original video, see here.

The book that Andy has written with Professor Emma Bond we discuss is this: Safeguarding Adults Online – Perspectives on Rights to Participation.

Piloting co-produced advance choice documents – in conversation with Dr Lucy Stephenson

Tue, 06 Sep 2022 09:00:00 +0000

In this ‘in conversation’ with Dr Lucy Stephenson, we talk about a pilot project she has led on as part of the Wellcome-funded Mental Health and Justice Project which aimed to co-produce and evaluate implementation strategies for advance choice documents with those who experience fluctuating mental capacity in the context of bipolar.

For the original video, see here.

The paper we are talking about can be found (for free) here. And you can hear younger versions of both Lucy and I talking about her work at a much earlier stage here.

Suicide and the (mis)use of capacity – in conversation with Dr Chloe Beale

Tue, 12 Jul 2022 09:00:00 +0000

In this conversation, I talk to Dr Chloe Beale about the uses and misuses of capacity in the context of responding to suicide risk. Warning, we do get quite deep into the issues involved.

For the original video, see here.

The paper by Wren Aves we discuss is: “If you are not a patient they like, then youhave capacity”: Exploring Mental Health Patient and Survivor Experiences of being told “You Have the Capacity to End Your Life”. Psychiatry is Driving Me Mad. 2022. DOI:10.13140/RG.2.2.34386.84163

The paper by Dr Lucy Series Chloe mentions is: “The ‘you’ve got the capacity to choose to kill yourself’ phenomenon, and what we can do about it,” available here.

A paper by Chloe which looks at some of these issues is “Magical thinking and moral injury: exclusion culture in psychiatry,” available in the BJPsych Bulletin here.

My legal take on these issues is here.

The MCA, advance decisions and shifting the dial – in conversation with Compassion in Dying

Wed, 06 Jul 2022 09:00:00 +0000

In a departure from my previous outings, I have recorded a three way conversation with Usha Grieve and Sarah Malik of the charity Compassion in Dying, reflecting on the promises and pitfalls of advance decision-making – and we take a moment in the middle to think about a complicated path we could take conversationally: but I won’t spoil the surprise here!

For the original video, see here.

The website for Compassion in Dying we talk about is here.

Mental capacity - challenges and commitment: in conversation with Ilora Finlay

Sun, 26 Jun 2022 09:00:00 +0000

In this conversation, I talk to Ilora Finlay (Baroness Finlay of Llandaff), the first Chair of the National Mental Capacity Forum, reflecting on the tasks she faced pre-pandemic to champion the MCA, and the particular challenges of the MCA under strain in the pandemic.

For the original video, see here.

ReSPECT, advance decision-making and capacity dilemmas - in conversation with Dr Zoë Fritz

Tue, 17 May 2022 09:00:00 +0000

In this conversation, I talk to Dr Zoë Fritz, Wellcome fellow in Society and Ethics and a Consultant in Acute Medicine at Addenbrooke's Hospital, about her work developing the ReSPECT framework to prompt and record discussions about the shared understanding required as between doctors and patients to enable proper advance care planning. We also pick up on what F stands for in Dr ABCDEF.

For the original video, see here.

The Tracey case we discuss is summarised here; the Winspear case we discuss is summarised here.

Lived experience and mental health research – in conversation with Dr Thomas Kabir

Tue, 17 May 2022 09:00:00 +0000

In this conversation, I talk to Dr Thomas Kabir about his work with the McPin Foundation, and co-chair of the Service User Advisory Group for the Mental Health and Justice Project, about do’s and don’ts in involving those with lived experience in research in the mental health field.

For the original video, see here.

Can we move beyond binaries in thinking about capacity and disability? In conversation with Dr Bev Clough

Tue, 03 May 2022 09:00:00 +0000

In this conversation, I talk to Dr Bev Clough about her new book, The Spaces of Mental Capacity Law Moving Beyond Binaries, and dig into two of the binaries she covers – autonomy vs paternalism and public vs private. We also get into a discussion about the scope of the inherent jurisdiction in relation to adults.

For the original video, see here.

Contraception, support and intellectual disability – in conversation with Jodie Rawls

Wed, 30 Mar 2022 09:00:00 +0000

In this conversation, I talk to Jodie Rawls about her research as part of the Mental Health & Justice project into support in the context of intellectual disability in relation to contraception, including fascinating – and challenging – insights from her interviews. I also talk to her about the toolkit for supporting decision-making around contraception produced by the Supported Loving network to which she contributed.

For the original video, see here.

Deprivation of liberty in the shadows of the institution – in discussion with Dr Lucy Series

Tue, 29 Mar 2022 09:00:00 +0000

In this conversation, I ask Dr Lucy Series about her book Deprivation of liberty in the shadows of the institution (available here, for free, thanks to the Wellcome Trust) looking at the tangled history of deprivation of liberty, social care detention, Cheshire West and its legacies, and the concept of the empowerment entrepreneur.

For the original video, see here.

Advance care planning - the anaesthetist's role and perspective

Mon, 14 Mar 2022 09:00:00 +0000

In this ‘in conversation’ with Dr Tim Meek, we discuss the role of anaesthetists before and during operations, how they approach DNACPR documents, and new guidelines produced by the Association of Anaesthetists (available here).

The original video is available here.

Boring but necessary caveat, nothing constitutes legal advice.

Seeing, wondering and realising – in conversation with the Reverend Phil Sharkey

Thu, 20 Jan 2022 09:00:00 +0000

In this ‘in conversation with’ the Revd Phil Sharkey, we discuss his book ‘Words to Remember,’ reflective listening, and the importance of time in reaching those who may seem beyond the bounds of ordinary communication.

For the original video, see here.

The Mental Capacity Act and Covid-19

Sun, 19 Dec 2021 09:00:00 +0000

This podcast, recorded in December 2021, seeks to set out the key messages about the application of the Mental Capacity Act 2005 under the pressures of the pandemic.

For the original video, see here.

Boring but necessary caveat, nothing here constitutes legal advice.

Waiting for the Liberty Protection Safeguards

Sun, 19 Dec 2021 09:00:00 +0000

In this podcast, recorded in December 2021, I discuss what to do whilst we wait for the Liberty Protection Safeguards to be implemented, in light of the announcement of the delay in December 2021.

For the original video, see here.

Boring but necessary caveat, nothing here constitutes legal advice.

Dr Idris Baker - what is a 'decision' in law and medicine?

Sat, 27 Nov 2021 09:00:00 +0000

In this “in conversation with” the palliative care specialist Dr Idris Baker, we start with a simple question: “what is a decision” and examine it from the perspective of both medicine and the law, and then spiral out to look at a range of issues including advance decision-making, and self-reflection in determining best interests.

For more, see www.mentalcapacitylawandpolicy.org.uk. For the original video, see here.

A Local Authority v JB - capacity, consent, sex and the Supreme Court

Wed, 24 Nov 2021 09:00:00 +0000

For my video walkthrough, see: https://vimeo.com/648537905.

For more see www.mentalcapacitylawandpolicy.org.uk.

Boring but necessary caveat, nothing constitutes legal advice.

Happy 14th birthday Mental Capacity Act 2005

Fri, 01 Oct 2021 09:00:00 +0000

The MCA 2005 came into force 14 years ago today, 1 October 2007. To mark its birthday, I've recorded a walkthrough of my top 10 Court of Protection health and welfare cases.

The slides accompanying it (with hyperlinks to the cases) are here.

For more, see Mental Capacity Law and Policy

Boring but necessary caveat, nothing constitutes legal advice.

Rosie Harding - making legal information accessible

Thu, 22 Jul 2021 09:00:00 +0000

In this ‘in conversation’ with Professor Rosie Harding, we discuss accessible information and how making information accessible constitutes a practicable step to support decision-making under the MCA 2005.

For more see www.mentalcapacitylawandpolicy.org.uk.

Alix Lewer - music and supporting capacity

Thu, 20 May 2021 09:00:00 +0000

In this ‘in conversation’ with Alix Lewer, founder of Include.org, we discuss the work of the Include choir, the role of music in supporting those with communication impairments, and how people can be educated by stealth as to what constitutes practicable steps to support capacity.

For more see www.mentalcapacitylawandpolicy.org.uk.

Akiko Hart - grappling with mental health reform

Wed, 21 Apr 2021 09:00:00 +0000

In this "in conversation with" Akiko Hart, Chief Executive of the National Survivor Users Network, we discuss the challenges of responding to reform proposals in relation to mental health law and practice as a membership organisation, and also get into some of the thorny issues around mental health reform more generally.

For more see www.mentalcapacitylawandpolicy.org.uk.

Dr Chris Danbury - thorny best interests issues in medical treatment cases

Mon, 29 Mar 2021 09:00:00 +0000

In this “in conversation with” Dr Chris Danbury, we discuss the impact of the Supreme Court decision in Aintree v James, the concept of futility, and mediation in clinical negligence and serious medical treatment cases.

For more, see www.mentalcapacitylawandpolicy.org.uk. For the original video, see here.

Helen Gilburt - navigating the interface between the Mental Health Act and the Mental Capacity Act

Tue, 16 Mar 2021 09:00:00 +0000

In this “in conversation with” Helen Gilburt at the King’s Fund, we discuss the report she has authored (February 2021) on Understanding clinical decision-making at the interface of the Mental Health Act (1983) and the Mental Capacity Act (2005), most easily accessed by this blog here.

For more, see www.mentalcapacitylawandpolicy.org.uk. For the original video, see here.

Shedinar - the MCA and 16/17 year olds

Mon, 18 Jan 2021 09:00:00 +0000

In this shedinar, I look at the MCA and 16/17 year olds. This is a complicated area, so this can serve only as an overview. As I note in the video, the law in this area is evolving, and this represents the position as at the end of January 2021. I will seek to do an updated shedinar in due course to keep abreast of the position.

For more, see www.mentalcapacitylawandpolicy.org.uk. For the original video, see here.

Dr Nuala Kane - transparency and accountability in capacity determinations

Thu, 10 Dec 2020 09:00:00 +0000

In this “in conversation with” Dr Nuala Kane, Nuala discusses the work that she has been leading on under the umbrella of the Mental Health and Justice Project developing a typology of capacity rationales, how this might help determinations be more transparent, and to target support.

For more, see www.mentalcapacitylawandpolicy.org.uk. For the original video, see here.

In conversation - law and ethics in the ICU

Sat, 14 Nov 2020 09:00:00 +0000

This “in conversation with” is, in part, shameless self-promotion, to mark the publication of the second edition of Law and Ethics in Intensive Care (Oxford University Press, £39.99), which I co-edited with Chris Danbury, Chris Newdick and Carl Waldmann. It is also, however, hopefully also a useful discussion between two lawyers (Chris Newdick and I) and two intensivists (Chris Danbury and Carl Waldmann) about how the law and medicine work together in ICU, and what ramifications this might have for the interaction in other areas. (And we also get to see how the NHS does, indeed, run on tea).

For more, see www.mentalcapacitylawandpolicy.org.uk. For the original video, see here.

Dr Scott Kim - a 'critical friend' perspective on the MCA

Tue, 10 Nov 2020 09:00:00 +0000

In this “in conversation with” the psychiatrist and bioethicist Dr Scott Kim, Scott gives a ‘critical friend’ perspective from the US upon the MCA, and we delve into some of the consequences of approaching best interests from the perspective of standing in the shoes of the person.

For more, see www.mentalcapacitylawandpolicy.org.uk. For the original video, see here.

Dr Steve Fleming - metacognition and capacity

Tue, 03 Nov 2020 09:00:00 +0000

In this “in conversation with” Dr Steve Fleming, a cognitive neuroscientist and psychologist, we dig into the concept of metacognition and how work being done in the lab may start to shed light on the contested concepts of insight and decision-making capacity.

For more, see www.mentalcapacitylawandpolicy.org.uk. For the original video, see here.

Revd Dr Geoff Morgan - spirituality, advocacy, the MCA

Thu, 01 Oct 2020 09:00:00 +0000

This episode is a conversation with the Revd Dr Geoff Morgan, a hospital chaplain and former IMCA, in which we discuss spirituality, advocacy, the MCA and the difference small things can make.

For more, see www.mentalcapacitylawandpolicy.org.uk. For the original video, see here.

Boring but necessary caveat, nothing here constitutes legal advice.

Emma Overton - commissioning, joined up thinking and the Mental Capacity Act

Tue, 15 Sep 2020 09:00:00 +0000

In this “in conversation with” Emma Overton, Policy and Practice Development Lead at North East Lincolnshire CCG, we discuss commissioning, joined up thinking, and learning lessons from cases where steps have not been taken to consider how to enable medical treatment to be delivered to those with impaired decision-making capacity.

For more, see mentalcapacitylawandpolicy.org.uk. For the original video, see here.

Boring but necessary caveat, nothing here constitutes legal advice.

George Szmukler - fusion law

Fri, 04 Sep 2020 09:00:00 +0000

In this "in conversation with" George Szmukler, we discuss the idea of fusion law - i.e. a law which would replace separate mental health and mental capacity legislation with legislation based solely upon mental capacity and best interests.

For more, see mentalcapacitylawandpolicy.org.uk. For the original video, see here.

Boring but necessary caveat, nothing here constitutes legal advice.

Professor Wayne Martin - insight and mental capacity

Fri, 14 Aug 2020 09:00:00 +0000

In this "in conversation with" Professor Wayne Martin, we dig into the concept of 'insight' and tease out how it might relate to mental capacity, drawing upon ongoing work that he is doing as part of the Wellcome-funded Mental Health and Justice Project (www.mhj.org.uk).

For more, see www.mentalcapacitylawandpolicy.org.uk. For the original video see here.

Boring but necessary caveat, nothing here constitutes legal advice.

Dr Tania Gergel - philosophy and mental capacity

Fri, 07 Aug 2020 09:00:00 +0000

In this ‘in conversation’ with Dr Tania Gergel, we think about what philosophy can bring to thinking about mental capacity, have a chewy discussion about the (mis)use of the presumption of capacity and start getting into advance decision making and problems of personhood. For more, see www.mentalcapacitylawandpolicy.org.uk.

For the original video, see here.

Dr Lade Smith CBE - capacity and culture

Tue, 04 Aug 2020 09:00:00 +0000

In this episode, Dr Lade Smith CBE and I discuss the ways in which capacity assessments under the MCA do and do not capture the cultural aspects of capacity, and the consequences for discrimination.

For the original video, see here.

Boring but necessary caveat, nothing constitutes legal advice.

The inherent jurisdiction of the High Court in relation to adults

Wed, 29 Jul 2020 09:00:00 +0000

In this episode, I look at the inherent jurisdiction of the High Court as it relates to adults. This is a complicated area and I concentrate, in particular, on the situation where the person is at risk from others. For more guidance, and further discussion of the situation where the inherent jurisdiction might be considered where the sole risk appears to be that from the person themselves, see our Chambers guidance note on the inherent jurisdiction available here.

For the original video with slides, see here.

DNACPR and advance care planning

Wed, 29 Jul 2020 09:00:00 +0000

A short introduction to DNAPCR and advance care planning, in the hopes that it will assist people to get the law right in this area.

For the original video with slides, see here.

The MCA/MHA interface

Wed, 29 Jul 2020 09:00:00 +0000

In this episode, I take on the interface between the Mental Health Act 1983 and the Mental Capacity Act 2005, looking at the position both inside and outside hospital.

For the original video with slides, see here.

Court of Protection - the fundamentals

Wed, 29 Jul 2020 09:00:00 +0000

A short introduction to the Court of Protection: what is it, what does it do, how does it do it, and when to go to it.

For the original video with slides, see here.

Deprivation of liberty - the fundamentals

Wed, 29 Jul 2020 09:00:00 +0000

An episode looking at the fundamentals of deprivation of liberty - how to identify one, and what to do where one has arisen.

For the original video with slides, see here.

Best interests - the fundamentals

Wed, 29 Jul 2020 09:00:00 +0000

An episode looking at the fundamentals of best interests, assessment and determination.

For the original video with slides, see here.

Boring but necessary caveat: nothing here constitutes legal advice.

Capacity - the fundamentals

Wed, 29 Jul 2020 09:00:00 +0000

An episode looking at the fundamentals of capacity and capacity assessment. For the original video with slides, see here.

Dr Camilla Parker - deprivation of liberty and 16/17 year olds

Wed, 29 Jul 2020 09:00:00 +0000

In this episode, Dr Camilla Parker and I discuss the complexities of the law relating to deprivation of liberty in this area, and go through the practice guidance we have produced for Research in Practice.

For the original video, see here.

Lorraine Currie - living the MCA in practice

Thu, 25 Jun 2020 09:00:00 +0000

In the latest ‘in conversation with’, I talk to Lorraine Currie about her twin perspectives on the Mental Capacity Act 2005, as a social worker and MCA lead on the one hand, and, on the other, as a builder of invisible scaffolding for her daughter Grace, who has an acquired brain injury.

For the original video, see here.

Dr Lucy Stephenson - advance decision-making and people living with bipolar disorder

Wed, 10 Jun 2020 09:00:00 +0000

In the latest ‘in conversation with’, Dr Lucy Stephenson and I discuss the Wellcome-funded PACT project to develop advance decision-making tools for people living with bipolar disorder.

For the original video, see here.

Dr Lucy Series - the long and complex history of confinement

Wed, 10 Jun 2020 09:00:00 +0000

In this conversation, I ask Dr Lucy Series about her Wellcome funded research, and we discuss, in particular, the long and complex history of confinement, and why Cheshire West may be a case of be careful what you wish for.

The original video can be found here.

Gill Loomes-Quinn - advance decision-making in the context of disability

Thu, 04 Jun 2020 09:00:00 +0000

In this episode, I learn about the work of Gill Loomes-Quinn, who (in her words) is a disabled scholar-activist, with a background in community advocacy. We discuss, in particular, her PhD research around advance decision-making in the context of disability (and her cat makes an important contribution right at the end).

For the original video, see here.

Julian Sheather - ethics, human rights and the MCA

Thu, 28 May 2020 09:00:00 +0000

In this episode, I talk to Julian Sheather, special adviser in ethics and human rights to the British Medical Association. Amongst other topics we look at decision-making in relation to older adolescents, and grapple with some of the ethical underpinnings to the Mental Capacity Act 2005.

For the original video, see here.

Dr Gareth Owen - capacity, complexity and time

Tue, 26 May 2020 09:00:00 +0000

The latest ‘in conversation from the shed’ is with the psychiatrist, Dr Gareth Owen, in which we discuss what makes some capacity assessments complex, some tips for addressing messiness, and the importance of time.

For the original video, see here.

Jakki Cowley - advocacy and the MCA

Mon, 18 May 2020 09:00:00 +0000

In this episode, I talk to Jakki Cowley, an inspirational Independent Mental Capacity Advocate. The conversation ranges widely over subjects such as what IMCA advocacy constitutes, top tips for engaging with medical teams and advocacy for those in Prolonged Disorders of Consciousness. For the original video, see here: https://www.mentalcapacitylawandpolicy.org.uk/the-shedinar-series-the-imca-conversation/.

Advance care planning - in conversation with Dr Mark Taubert (Part 2)

Sun, 17 May 2020 09:00:00 +0000

The palliative care consultant Dr Mark Taubert and I have recorded a two-part conversation about the interaction between law and medicine in the context of advance care planning.

This is Part 2, in which I put the questions to Mark. For the original video, see here.

Advance care planning – in conversation with Dr Mark Taubert (Part 1)

Sun, 10 May 2020 09:00:00 +0000

The palliative care consultant Dr Mark Taubert and I have recorded a two-part conversation about the interaction between law and medicine in the context of advance care planning.

This is Part 1, in which I put the questions to Mark. For the original video, see here.