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).

In the last 'in conversation' of 2023, I talk to Graham Morgan about his perspective on coercion in mental healthcare, what 'lived experience' means, and what is truly important in the mental health context.

For the original video, see here.

In this ‘in conversation with,’ I am joined by my colleague at 39 Essex Chambers, Arianna Kelly, to talk about her new book, Social Care Charging, and then to look at the issues which arise where decisions about charging and care planning are taking place in relation to those with impaired decision-making capacity.

For the original video, see here.

A review of Arianna’s book can be found in the December 2023 Mental Capacity Report, available here.

In this ‘in conversation’ with, I talk to the editors of the new Routledge Handbook of Mental Health Law, Professors Brendan Kelly and Mary Donnelly, about the genesis and scope of, and insights, from the book.  We discuss, amongst other matters, the concepts of mental illness, lived experience, and the scope of the idea of ‘mental health law.’

For the original video, see here.

Full disclosure, I contributed a chapter to the book with Dr Katherine Reidy (on decision-making capacity in mental health law).

For a 20% discount, valid until 1 March 2024, click on this link here.