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

In 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 process

Stage 2: Analysis of learning

Stage 3: Conclusions and improvement priorities

The 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 [email protected].

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 study

Increased autonomy with capacity-based mental health legislation in Norway: a qualitative study of patient experiences of having come off a community treatment order

I 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/

In this “in conversation with”, I talk to Dr Jim Down about a whole host of matters related to intensive care, inspired by his recent book, Life in the Balance. We cover the realities of being in ICU, the interaction between law and ethics, and get into a discussion about the need for honesty about resource allocation (including touching on this paper about deliberative democracy and triage).

For the original video, see here.

To mark 10 years since the publication of the report of the House of Lords select committee convened to conduct post-legislative scrutiny of the Mental Capacity Act 2005, Dr Margaret Flynn, Chair of the National Mental Capacity Forum, joins me in the shed. Our conversation examines where the Act came from, and how we are (or are not) making progress in making it an Act which matters.

For the original video, see here.

In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying / assisted suicide on 29 February 2024 and as a modest contribution to informing debate about these issues, I have recorded an ‘informer,’ in which I give an overview of the current law in England & Wales and worldwide, set out some of the reasons why people might want change, and some reasons why people are concerned about it, and then look at what the European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities might say of relevance. It is quite a lot for half an hour, and it goes without saying that it is an episode which engages with difficult matters.

For the underlying video, see here.

In this ‘in conversation with’ Professor Gavin Davidson, we discuss the new paper that he has co-authored, entitled Comparing mental health and mental capacity law data across borders: Challenges and opportunities, think about what data is actually useful, and use the example of the island of Ireland to dig into striking differences of approach. 

The original video is here.

(The ‘purpose’ clause that we discuss which featured in the report of the Independent Review of the MHA 1983 features at page 67 of here).