Mental Capacity Law and Policy turns seven – a trip through the archives

Searching for something on my website, I realised that it was 7 years ago this weekend (13/14 March 2014) that my website went live, being dominated at the outset by the House of Lords’ Select Committee post-legislative scrutiny report on the MCA and then the Supreme Court’s decision in Cheshire West.  I thought, self-indulgently, that I might pull together some of the posts that I’d most like you to make sure you’d found in the inner recesses of the website as it’s developed in the years since.   Note, they have not necessarily been updated since being published, so the law may have evolved since they were written.

Case comments

Capacity is not an off-switch 

A clash of rights (models)? The ECtHR and the CRPD 

Putting everything in its context

Reflections on the COP and MCA by Gordon Ashton 

Happy birthday, Mental Capacity Act! 

15 years of the MCA

Capacity in the time of Coronavirus – article (published in April 2020, so put up here primarily as an entry into the historical record)

Trying to get it right

DNACPR and Advance Care Planning – getting it right (which then led to a series of further shedinars on fundamentals, available here, along with ‘in conversations’ with a whole host of people with interesting and useful things to say about capacity.

Law reform

Why a Mental Capacity Act Commission (and what should it look like)? (I’m still cross about this, even though Baroness Ilora Finlay has done sterling work as chair of the NMCF trying to fill an impossible gap)

Vulnerable adults – another opportunity for change?  (you may think that the fact we don’t have statutory provision here and are relying upon the inherent jurisdiction continues to be a problem: see the lecture by Sir James Munby here.

5 reflections on law reform (and over and out for now)

Discussion paper: Deprivation of Liberty, Cheshire West and the CRPD

The CRPD Committee and legal capacity – a step forwards? 


The MCA and the translation gap (there’s so much other research I could cover, but this work I have been involved with through the Mental Health & Justice Project I am particularly proud of).

Book review

Book Review: “The Modern Judge: Power, Responsibility and Society’s Expectations” 

Thank you for visiting the site (in ever increasing numbers, which I hope means an increasing awareness of the vital importance of issues relating to mental capacity), and for your questions, comments and observations!

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