Claim OwnershipMental Capacity Matters with Alex Ruck Keene
Subscribed: 34Played: 610
Subscribe
© Copyright 2021 Alex Ruck Keene and 39 Essex Chambers
Description
This podcast looks at matters mental capacity related. It features conversations between Alex Ruck Keene, a specialist barrister at 39 Essex Chambers, and a whole host of people with different perspectives on mental capacity questions. It also features audio versions of the 'shedinars' that Alex delivers about key topics in mental capacity law, full versions of which (with slides) can be found here: https://www.mentalcapacitylawandpolicy.org.uk/shedinars/.
(Boring but necessary caveat: nothing that appears on this podcast constitutes legal advice).
(Boring but necessary caveat: nothing that appears on this podcast constitutes legal advice).
103 Episodes
Reverse
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 CoherenceDecisional capacity, Cartesianism, the CRPD and obfuscating paternalism: substituting ‘supported’ for ‘substitute’Race and mental capacity: no panaceaBest interest and family compromiseJoe 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.
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.
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!).
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.
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
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.
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.
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.
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.
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.
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.
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
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
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
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
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
1In 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
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.
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 processStage 2: Analysis of learningStage 3: Conclusions and improvement prioritiesThe 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.
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 studyIncreased autonomy with capacity-based mental health legislation in Norway: a qualitative study of patient experiences of having come off a community treatment orderI 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/
Comments
Download from Google Play
Download from App Store
United States