The most recent publication from the Mental Health and Justice project is an article published in Frontiers in Psychiatry on… Read more
Tag: capacity
Making Values Matter in the Court of Protection – new film
Following a previous training film about communication and participation for Court of Protection lawyers, a project team including researchers based… Read more
Can we move beyond binaries in thinking about capacity and disability? In conversation with Dr Bev Clough
In this conversation, I talk to Dr Bev Clough about her new book, The Spaces of Mental Capacity Law Moving Beyond… Read more
Inequitable access to transplants – adults with impaired decision-making capacity
In a slightly odd coincidence of timing, given the recent decision in the case of William Verden, an article that… Read more
“Learning to learn” – capacity and the awareness of choice
Re ZK (No 2) [2021] EWCOP 61 is the sequel to one reported upon earlier here, and contains some important observations… Read more
Capacity, consent and sexual relations – the Supreme Court decides
The Supreme Court has for the first time looked in detail at what it means to have or lack capacity… Read more
Contingency planning and the Court of Protection – what, if any, threshold has to be crossed?
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’… Read more
Coercive control, capacity and the resolution of an ethical dilemma
How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim… Read more
Mental capacity, the internet, and when is it better to be honest about the limits of support?
In a short judgment delivered in April 2020, but only appearing on Bailii in late August 2021, HHJ Mark Rogers… Read more
Capacity and the limits of decision-specificity
In Liverpool City Council v CMW [2021] EWCOP 50, Sir Mark Hedley had to consider whether a woman, CMW, who had… Read more