The case of A Local Authority v H [2023] EWCOP 4 concerned a young adult, H, described by Hayden J… Read more
Tag: capacity
Advance decisions to refuse treatment – presuming a presumption of capacity?
In NHS Surrey Heartlands ICB v JH [2023] EWCOP 3, Hayden J was asked to consider whether an advance decision… Read more
What place has ‘capacity’ in the criminal law relating to sex post JB?
A paper that I have written with Allegra Enefer has been published in the International Journal of Law and Psychiatry. … Read more
Suicide and the (mis)use of capacity – in conversation with Dr Chloe Beale
In this conversation, I talk to Dr Chloe Beale about the uses and misuses of capacity in the context of responding… Read more
Difficult Capacity Cases—The Experience of Liaison Psychiatrists. An Interview Study Across Three Jurisdictions
The most recent publication from the Mental Health and Justice project is an article published in Frontiers in Psychiatry on… Read more
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