Prompted by a number of situations recently in which I have been concerned that professionals may not always know how to read a Court of Protection judgment and whether, and how, it applies to a similar-sounding situation in front of them (especially reading coverage of this case), I’ve recorded a short (15) minute shedinar on the subject.

For the original video, see here.

In this 'in conversation,' I talk to PhD student David Mason about the research that the King's College London ReSpect Lab is undertaking with autistic people into decision-making styles and stresses, and how this research can assist in thinking better about mental capacity assessments in the context of autism. 

For the original video, see here.

In this episode, I am joined, not in the shed (under repair), by Professors Jill Stavert and Colin McKay, both members of the executive team of the Scottish Mental Health Law Review chaired by (Lord) John Scott QC. The Review reported in September 2022, and our discussion explores why the Review was needed, how it was carried out, and its key recommendations.  We look in particular at what it means to carry out a review seeking to implement positive rights in the mental health and capacity sphere. Note: the tin cans and string between London and Edinburgh gave up briefly at a couple of moments, for which apologies.

For the original video, see here.

In the latest ‘in conversation with,’ Dr Lade Smith CBE and I talk about advance choice documents in the mental health context, their potential, and the prerequisites for making them work.

The original video can be found here.

In this ‘in conversation’ with Professor Andy Phippen, we talk about online safeguarding, capacity, and why Andy really dislikes the term ‘online safety’.

For the original video, see here.

The book that Andy has written with Professor Emma Bond we discuss is this: Safeguarding Adults Online – Perspectives on Rights to Participation.

In this ‘in conversation’ with Dr Lucy Stephenson, we talk about a pilot project she has led on as part of the Wellcome-funded Mental Health and Justice Project which aimed to co-produce and evaluate implementation strategies for advance choice documents with those who experience fluctuating mental capacity in the context of bipolar.

For the original video, see here.

The paper we are talking about can be found (for free) here.  And you can hear younger versions of both Lucy and I talking about her work at a much earlier stage here.

In this conversation, I talk to Dr Chloe Beale about the uses and misuses of capacity in the context of responding to suicide risk. Warning, we do get quite deep into the issues involved.

For the original video, see here.

The paper by Wren Aves we discuss is: “If you are not a patient they like, then youhave capacity”: Exploring Mental Health Patient and Survivor Experiences of being told “You Have the Capacity to End Your Life”. Psychiatry is Driving Me Mad. 2022. DOI:10.13140/RG.2.2.34386.84163

The paper by Dr Lucy Series Chloe mentions is: “The ‘you’ve got the capacity to choose to kill yourself’ phenomenon, and what we can do about it,” available here.

A paper by Chloe which looks at some of these issues is “Magical thinking and moral injury: exclusion culture in psychiatry,” available in the BJPsych Bulletin here.

My legal take on these issues is here.

In a departure from my previous outings, I have recorded a three way conversation with Usha Grieve and Sarah Malik of the charity Compassion in Dying, reflecting on the promises and pitfalls of advance decision-making – and we take a moment in the middle to think about a complicated path we could take conversationally: but I won’t spoil the surprise here!

For the original video, see here.

The website for Compassion in Dying we talk about is here.

In this conversation, I talk to Ilora Finlay (Baroness Finlay of Llandaff), the first Chair of the National Mental Capacity Forum, reflecting on the tasks she faced pre-pandemic to champion the MCA, and the particular challenges of the MCA under strain in the pandemic.

For the original video, see here.

In this conversation, I talk to Dr Zoë Fritz, Wellcome fellow in Society and Ethics and a Consultant in Acute Medicine at Addenbrooke's Hospital, about her work developing the ReSPECT framework to prompt and record discussions about the shared understanding required as between doctors and patients to enable proper advance care planning.   We also pick up on what F stands for in Dr ABCDEF.

For the original video, see here.

The Tracey case we discuss is summarised here; the Winspear case we discuss is summarised here.