Mental Capacity Matters with Alex Ruck Keene

In this shedinar, I discuss the genesis, findings and headline points of the Judging Values project led by Camillia Kong with Camillia and Professor Penny Cooper. For the original video, see here . For more on the research, including the papers and videos that we discuss, see the project website  here .  For the final project report, see  here .

In the first shedinar of 2023, I have done a review of the key cases from the Court of Protection (with one from the Court of Appeal and a 'watch this space' from the Supreme Court) from 2022. The original video can be found here .

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.&nb...

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...

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 &nb...

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 v...

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 Thomas Kabir  about his work with the  McPin Foundation , and co-chair of the Service User Advisory Group for the  Mental Health and Justice Project , about do’s and don’ts in involving those with lived experience in research in the mental health field. 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 ABCDE...

In this conversation, I talk to  Dr Bev Clough  about her new book,  The Spaces of Mental Capacity Law Moving Beyond Binaries , and dig into two of the binaries she covers – autonomy vs paternalism and public vs private.  We also get into a discussion about the scope of the inherent jurisdiction in relation to adults. For the original video, see here.

In this conversation, I talk to Jodie Rawls about her research as part of the  Mental Health & Justice  project into support in the context of intellectual disability in relation to contraception, including fascinating – and challenging – insights from her interviews.  I also talk to her about the  toolkit  for supporting decision-making around contraception produ...

In this conversation, I ask Dr Lucy Series about her book  Deprivation of liberty in the shadows of the institution  (available  here , for free, thanks to the Wellcome Trust) looking at the tangled history of deprivation of liberty, social care detention,  Cheshire West  and its legacies, and the concept of the empowerment entrepreneur. For the original video, see here .

In this ‘in conversation’ with Dr Tim Meek, we discuss the role of anaesthetists before and during operations, how they approach DNACPR documents, and new guidelines produced by the Association of Anaesthetists (available  here ). The original video is available here . Boring but necessary caveat, nothing constitutes legal advice.

In this ‘in conversation with’ the Revd Phil Sharkey, we discuss his book ‘Words to Remember,’ reflective listening, and the importance of time in reaching those who may seem beyond the bounds of ordinary communication. For the original video, see here .

In this podcast, recorded in December 2021, I discuss what to do whilst we wait for the Liberty Protection Safeguards to be implemented, in light of the  announcement of the delay  in December 2021. For the original video, see here . Boring but necessary caveat, nothing here constitutes legal advice.

This podcast, recorded in December 2021, seeks to set out the key messages about the application of the Mental Capacity Act 2005 under the pressures of the pandemic. For the original video, see here . Boring but necessary caveat, nothing here constitutes legal advice.

In this “in conversation with” the palliative care specialist Dr Idris Baker, we start with a simple question: “what is a decision” and examine it from the perspective of both medicine and the law, and then spiral out to look at a range of issues including advance decision-making, and self-reflection in determining best interests. For more, see www.mentalcapacitylawandpolicy.org.uk. For the o...

For my video walkthrough, see: https://vimeo.com/648537905 . For more see www.mentalcapacitylawandpolicy.org.uk . Boring but necessary caveat, nothing constitutes legal advice.

The MCA 2005 came into force 14 years ago today, 1 October 2007.   To mark its birthday, I've recorded a walkthrough of my top 10 Court of Protection health and welfare cases. The slides accompanying it (with hyperlinks to the cases) are here .  For more, see Mental Capacity Law and Policy Boring but necessary caveat, nothing constitutes legal advice.

In this ‘in conversation’ with  Professor Rosie Harding , we discuss accessible information and how making information accessible constitutes a practicable step to support decision-making under the MCA 2005. For more see www.mentalcapacitylawandpolicy.org.uk .

In this ‘in conversation’ with Alix Lewer, founder of  Include.org , we discuss the work of the Include choir, the role of music in supporting those with communication impairments, and how people can be educated by stealth as to what constitutes practicable steps to support capacity. For more see www.mentalcapacitylawandpolicy.org.uk .