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