Podcasts about mental capacity act

One of the new sections in my brand-new book Clinical Psychology: Second Edition is all about the Mental Capacity Act (2005). This is a critical and fascinating piece of legislation that impacts the work of mental health professionals in the United Kingdom, and I strongly believe that other countries have similar laws in place. In this useful clinical psychology podcast episode, you'll learn what is mental capacity, what is the Mental Capacity Act (2005) and so many more interesting facts that you'll need on your clinical psychology journey. If you're interested in working in mental health settings in the future then this is a critical episode for you. In the psychology news section, you'll learn why there's more to life than happiness, how uncomfortable heat might interfere with the Criminal Justice System, and why cynics rarely rise to the top. LISTEN NOW! If you want to support the podcast, please check out: FREE AND EXCLUSIVE 8 PSYCHOLOGY BOOK BOXSET- https://www.subscribepage.io/psychologyboxset Clinical Psychology: Second Edition- https://www.connorwhiteley.net/clinicalpsychology Available from all major eBook retailers and you can order the paperback and hardback copies from Amazon, your local bookstore and local library, if you request it. Also available as an AI-narrated audiobook from selected audiobook platforms and libraries systems. For example, Kobo, Spotify, Barnes and Noble, Google Play, Overdrive, Baker and Taylor and Bibliotheca. Patreon- patreon.com/ThePsychologyWorldPodcast

When should you start preparing your young person for adulthood? Following a post-14 programme model, Samera and her parent co-host Celeste, an NHS transition coordinator,  discuss what health considerations parents should be discussing with their young person moving into adulthood. From writing health and communication passports, understanding the Mental Capacity Act, to consent and STIs.   All references in the podcast are in this episode's transcript [Transcripts with References - Frank Communications] If you are new to autism and parenting, Quirky and Autistic Parenting podcast is just for you. The content of this podcast is for general information purposes only and does not constitute advice. Podcast Engineer: Paul  Henty  Theme music:  Alisdair Stirling  

Every day, we make small and big decisions in our lives. But what if one day, we find ourselves in circumstances where we are no longer able to make those decisions for ourselves, especially on things like health or even assets? How can we ensure every individual's wishes and autonomy is respected even when they can't voice it? Here to talk to me about what it means to have the mental capacity to make such decisions and the need for a mental capacity act in Malaysia are Anit Kaur Randhawa, vice president (legal) and Dr Mark Tan Kiak Min, vice president (medical), of the Medico-Legal Society of Malaysia.Image credit: Shutterstock

Here is the first of the SWM Research episodes, Senior Lecturer in the Department of Social Work and MSc Social Work Programme Director at Royal Holloway, University of London - Stefan Brown joins us in this episode.  Stefan qualified as a social worker in the 90s and transitioned to higher education over 13 yrs ago.  In today's episode, we hear about his work in the field and his PhD research on Early onset dementia.  Stefan also shared updates on the Mental Capacity Act.   Look out for Stefan's part II, when he shares details on his work in the Race & Mental Health space.     Do share your feedback at adosylv@gmail.com Join our Fb community: https://www.facebook.com/groups/412169436067530 Youtube channel: https://www.youtube.com/channel/UCB6IJzP9UzJn2B5oXclbnOwSee omnystudio.com/listener for privacy information.

The care and well-being of older adults in our rapidly ageing society is a huge question mark. In a society which still places much emphasis on filial piety, adult children are often expected to shoulder the responsibility for their older parents. But is this enough? With the Senior Citizens' Bill expected to be tabled next year, we take another look at what is needed for older adults to have a good quality of life, and what role might a Mental Capacity Act play instead.Image credit: Shutterstock

In the penultimate episode of our Court of Protection series, Hempsons' healthcare advisory associates Rachael Hawkin and Liz Stokes discuss Section 21A of the Mental Capacity Act.00:16 - Introduction01:23 - What is Section 21A of the Mental Capacity Act 2005?02:26 - Objections to a patient's deprivation of liberty03:55 - Who can bring a challenge on behalf of a patient?06:55 - Who can be party to a Section 21A challenge hearing?07:38 - How are Section 21A challenges progressed in the Court of Protection?09:41 - Best interests and capacity11:10 - The role of the social care provider in a Section 21A challenge

Dr Anna Volkmer, narrates her blog written for Dementia Researcher. The Mental Capacity Act 2005 is a legislation that aims to protect the rights of people who may lack capacity to make decisions. This Act provides guidance to professionals to decide whether someone has decision-making capacity. It also offers practical examples of how to judge if a person can understand, retain, weigh up, and express a decision. The Act also provides guidance to researchers on gaining consent from research participants. However, researchers often find this legislation and code of practice complicated and difficult to follow, which leads to people with communication difficulties being excluded from studies. In this blog Anna goes through the issues and makes suggestions on how to address the issues. Find the original text, and narration here on our website. https://www.dementiaresearcher.nihr.ac.uk/guest-blog-does-my-patient-understand-what-my-research-study-is-about/ -- Dr Anna Volkmer is a Speech and Language Therapist and researcher in Language and Cognition, Department of Psychology and Language Sciences, University College London. Anna is researching Speech and language therapy interventions in language led dementia and was once voted scariest speech and language therapist (even her children agree). -- If you would like to write your own blog drop us a line, we're always on the look out for new contributors to write about their research, careers + more dementiaresearcher@ucl.ac.uk -- This podcast is brought to you in association with Alzheimer's Association, Alzheimer's Research UK, Alzheimer's Society and Race Against Dementia, who we thank for their ongoing support.

This book cuts new ground, challenging the assumption of law as an objective concept. It draws out the way that binary frameworks situate and create the notion of the individual in law, delininating responsibilities and rights between concepts such as the state / individual, public / private, care / disability and capacity / incapacity. In The Spaces of Mental Capacity Law: Moving Beyond Binaries (Routledge, 2022) Dr. Beverley Clough draws into question spatial dynamics of law and disability. While she does so through the lens of analysis of the Mental Capacity Act 2005, this liminal work will be cause for broader application in all areas of law which function on "common-sense" understandings of autonomy and law. It will be useful for lawyers, policy makers, practitioners, and any person who wishes to understand the law and the way that it constructs subjectivity.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network

This book cuts new ground, challenging the assumption of law as an objective concept. It draws out the way that binary frameworks situate and create the notion of the individual in law, delininating responsibilities and rights between concepts such as the state / individual, public / private, care / disability and capacity / incapacity. In The Spaces of Mental Capacity Law: Moving Beyond Binaries (Routledge, 2022) Dr. Beverley Clough draws into question spatial dynamics of law and disability. While she does so through the lens of analysis of the Mental Capacity Act 2005, this liminal work will be cause for broader application in all areas of law which function on "common-sense" understandings of autonomy and law. It will be useful for lawyers, policy makers, practitioners, and any person who wishes to understand the law and the way that it constructs subjectivity.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychology

This book cuts new ground, challenging the assumption of law as an objective concept. It draws out the way that binary frameworks situate and create the notion of the individual in law, delininating responsibilities and rights between concepts such as the state / individual, public / private, care / disability and capacity / incapacity. In The Spaces of Mental Capacity Law: Moving Beyond Binaries (Routledge, 2022) Dr. Beverley Clough draws into question spatial dynamics of law and disability. While she does so through the lens of analysis of the Mental Capacity Act 2005, this liminal work will be cause for broader application in all areas of law which function on "common-sense" understandings of autonomy and law. It will be useful for lawyers, policy makers, practitioners, and any person who wishes to understand the law and the way that it constructs subjectivity.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/geography

This book cuts new ground, challenging the assumption of law as an objective concept. It draws out the way that binary frameworks situate and create the notion of the individual in law, delininating responsibilities and rights between concepts such as the state / individual, public / private, care / disability and capacity / incapacity. In The Spaces of Mental Capacity Law: Moving Beyond Binaries (Routledge, 2022) Dr. Beverley Clough draws into question spatial dynamics of law and disability. While she does so through the lens of analysis of the Mental Capacity Act 2005, this liminal work will be cause for broader application in all areas of law which function on "common-sense" understandings of autonomy and law. It will be useful for lawyers, policy makers, practitioners, and any person who wishes to understand the law and the way that it constructs subjectivity.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

This book cuts new ground, challenging the assumption of law as an objective concept. It draws out the way that binary frameworks situate and create the notion of the individual in law, delininating responsibilities and rights between concepts such as the state / individual, public / private, care / disability and capacity / incapacity. In The Spaces of Mental Capacity Law: Moving Beyond Binaries (Routledge, 2022) Dr. Beverley Clough draws into question spatial dynamics of law and disability. While she does so through the lens of analysis of the Mental Capacity Act 2005, this liminal work will be cause for broader application in all areas of law which function on "common-sense" understandings of autonomy and law. It will be useful for lawyers, policy makers, practitioners, and any person who wishes to understand the law and the way that it constructs subjectivity.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This book cuts new ground, challenging the assumption of law as an objective concept. It draws out the way that binary frameworks situate and create the notion of the individual in law, delininating responsibilities and rights between concepts such as the state / individual, public / private, care / disability and capacity / incapacity. In The Spaces of Mental Capacity Law: Moving Beyond Binaries (Routledge, 2022) Dr. Beverley Clough draws into question spatial dynamics of law and disability. While she does so through the lens of analysis of the Mental Capacity Act 2005, this liminal work will be cause for broader application in all areas of law which function on "common-sense" understandings of autonomy and law. It will be useful for lawyers, policy makers, practitioners, and any person who wishes to understand the law and the way that it constructs subjectivity.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices

In the latest episode of the Social Work Podcast Insights series Stephen talks to Matt Graham Senior Lecturer in Social Work at UCLAN and co-author of A Practical Guide to the Mental Capacity Act 2005 about some aspects of the Mental Capacity Act You can buy Matt's book here If you want to join us it would be good to have a discussion over on our Discord Server which you can link to at this link Social Works Shorts brings you Social Work UK on Discord You will need to download the app and/or create an account

In our latest Legal Special podcast we help care home providers understand the mysterious world of the Court of Protection.This relates to decisions and declarations on financial, welfare and property.Join our two experts Neil Ward, a partner at Mills & Reeve LLP and  Rachael Hawkin, a solicitor at Hempsons.  They discuss how the scope of the Court of Protection has broadened and the link with the Mental Capacity Act.They also explain deprivation of liberty, the role of the official solicitor, third-party disclosure and the importance of good record keeping.This is a must listen for UK care home owners and managers. Podcast hosted by Alan Rustad.Support the show (http://chmonline.co.uk)

Oh hello there, and thanks for coming back!    This week we were joined by Marcus the HART Hero (we named him that, not him) as we discussed hypoxia, agitation, restraint, anxiolysis, and Rupert Murdoch.    Thank you to our case contributor, and to everyone who got involved on SoMe with the #MysteryDiagnosis.    If you want to submit a case for a future episode, or have any questions, concerns, or feedback, please get in touch at podcast@prem-ed.com   J&S x   References:  MHRA Schedule 17 drugs Paramedics and medicines: legal considerations (England, 2016) The Mental Capacity Act and use of proportionate restraint (in the UK)   * explicit content * Hosted on Acast. See acast.com/privacy for more information.

Capacity or more fully mental capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such as: whether to move into a care home or whether to have major surgery. The UK's Mental Capacity Act 2005 or MCA sets out a two-stage test of capacity: 1. Is the person unable to make a particular decision? 2. Is the inability to make a decision caused by an impairment of, or disturbance in the functioning of, a person's mind or brain? The MCA states an individual is unable to make their own decision, if they are unable to do at least one of four things: 1. Understand information given to them. 2. Retain that information long enough to be able to make the decision. 3. Weigh up the information available to make the decision. 4. Communicate their decision. Discussion. As an aspect of the social contract between a state and its citizens, the state adopts a role of protector to the weaker and more vulnerable members of society. In public policy terms, this is the policy of parens patriae. Similarly, the state has a direct social and economic interest in promoting trade, so it will define the forms of business enterprise that may operate within its territory, and lay down rules that will allow both the businesses and those that wish to contract with them a fair opportunity to gain value. This system worked well until social and commercial mobility increased. Now persons routinely trade and travel across state boundaries (both physically and electronically), so the need is to provide stability across state lines given that laws differ from one state to the next. Thus, once defined by the personal law, persons take their capacity with them like a passport whether or however they may travel. In this way, a person will not gain or lose capacity depending on the accident of the local laws, for example, if A does not have capacity to marry her cousin under her personal law (a rule of consanguinity), she cannot evade that law by travelling to a state that does permit such a marriage. In Saskatchewan Canada, an exception to this law allows married persons to become the common law spouse of others prior to divorcing the first spouse. This law is not honored amongst other Canadian provinces. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments.  This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here. Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK

Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments.  This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here. Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices

Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments.  This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here. Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices

Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments.  This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here. Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments.  This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here. Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychology

Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments.  This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here. Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/medicine

Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments.  This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here. Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments.  This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here. Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network

Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests.  In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question.  Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder. Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible' for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices

Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests.  In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question.  Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder. Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible' for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/british-studies

Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests.  In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question.  Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder. Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible' for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests.  In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question.  Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder. Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible' for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychology

Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests.  In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question.  Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder. Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible' for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests.  In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question.  Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder. Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible' for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network

Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests.  In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question.  Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder. Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible' for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/medicine

What happens, if someone lacks capacity under the Mental Capacity Act, and their family for whatever reason objects to the Covid vaccine? Amelia Walker discusses three recent cases with Rosalind English

In this podcast we look at an overview of consent and capacity. We begin by looking at the three elements of consent - it must be informed, voluntary and the patient must have capacity to make the decision. Following this, we consider each in more detail looking at Montgomery v Lanarkshire (material risks) and look at the Mental Capacity Act 2005 in some detail in regards to each of the 5 principles, the two stage mental capacity test and best interests decisions. This overview is suitable for students and healthcare practitioners alike. Thanks for listening and there is loads more information on our website - https://www.healthcareethicsandlaw.co.uk/. For more bitesized content and resources be sure to follow us on social media: Instagram: https://www.instagram.com/healthcare_ethics_and_law/?igshid=znwsjiusjakl Twitter: https://twitter.com/HealthcareEthi1 Facebook: https://www.facebook.com/healthcareethicsandlaw

Hi and welcome to Pod-CACHE, the portable CPD and best practice podcast from CACHE, presented by Dawn Constance Mulvaney - Editor of www.CACHEAlumni.org.uk, the award-winning professional membership network available free for those working in Care, Health and Education. In this special episode of Pod-CACHE, recorded as part of the WellFEst event in December 2020, Victoria Bartle and Stephen Mordue talk strategies for health, wellbeing and mental fitness during difficult times.    Victoria Bartle is an expert by experience. A blogger and advocate, Victoria lives with multiple health conditions and receives support from friends, family and paid assistants. Her blog on CACHEAlumni.org.uk is a great way to gain insight into the views of a service user and consider care from different perspectives and is written with the insight Victoria has gained in her time working as an advisor and team manager in welfare to work. You can find out more about Victoria, her experiences and her other qualifications in her introductory post Stephen Mordue is a Senior Lecturer in Social Work at the University of Sunderland. As well as teaching about Adult Care on the undergraduate and postgraduate programmes he is Practice Learning Coordinator and Programme Leader for the Best Interests Assessment in Practice Programme. He was a social work practitioner and manager for 12 years working mainly with older people and their families. His areas of special interest are effective communication, working with people with dementia, the Mental Capacity Act, and self care and productivity for professionals. You can read more about wellbeing in his book, available here; https://www.criticalpublishing.com/how-to-thrive-in-professional-practice or by visiting Stephen’s blog for self care www.selfcareshorts.com and social care socialworkshorts.co.uk As always, you can find CACHE Alumni at www.cachealumni.org.uk and find us on Twitter and Instagram as @CACHEAlumni    

In this episode we explore the initiative of pre-hospital co-responding mental health nurses working alongside paramedics within London, UK. We look at the prevalence of mental health within the capital and how Anna and Dan have seen the initiative add benefit to pre-hospital assessment, management and the resultant access to healthcare. We look at some of the current prevailing mental health statistics (MIND 2020), such as: 1 in 4 people experience mental health issues each year. 792 million people are affected by mental health issues worldwide. At any given time, 1 in 6 working-age adults have symptoms associated with mental ill health. Mental illness is the second-largest source of burden of disease in England. Mental illnesses are more common, long-lasting and impactful than other health conditions. Men aged 40-49 have the highest suicide rates in the UK. We also look at anecdotal commonalities in acute MH presentations within the community and the interplay between the Mental Health Act and the Mental Capacity Act in assessment and treatment of mental health patients. Lastly, we look at case studies to understand the dual assessment model that Anna and Dan use to assess patients within the pre-hospital environment. I hope you enjoy the episode.

At the end of September, ITV broadcast drama ‘Honour’ based on the true story of the murder of a young woman Banaz Mahmod in Britain in January 2006. Banaz had left her arranged marriage and met a young Iranian man of her own choice. Banaz went to the police on 5 separate occasions disclosing rape by her husband and threats to her life by the local community after she left him. Banaz had herself predicted in December 2004 that her family were plotting to kill her when she had visited a police station. No further action was taken by the police at this time. In January 2006, three men (Banaz’s cousins) tortured, raped and then strangled to death then 20-year-old Banaz in the sitting room of her parents’ home in southwest London. Her body was later found discarded in a suitcase after her boyfriend alerted authorities she was missing. The disposal of her body arranged by her father and her uncle. Although shocking to hear that honour killings and honour abuse continues in Britain today, sadly this is not as a rare as we would believe. Hannana Siddiqui, of Southall Black Sisters, which works with victims of violence against women in south Asian and African communities, says: “Our helpline gets about 7,500 calls a year. That’s a mixture of domestic violence and honour-based violence. And this year, during lockdown, there was a huge increase in helpline calls. There’s also research that suggests 12 honour killings take place a year. But it’s hard to say the figures because it is a hidden crime.” The true figure could be much higher when considering that some killings may be commissioned or planned in the UK, but the act is committed abroad. Worldwide it is estimated that there are 5000 honour killings a year. Banaz’s case and those like it also lead to conflicting instincts as a desire to be anti-racist leads to fears of racially profiling and stereotyping Muslim men. Afzal faced this dilemma directly, having, in another part of his career as a crown prosecutor, overturned the original decision not to prosecute a group of largely Pakistani-heritage men who were grooming and sexually abusing young women in Rochdale. He said “The law has to operate without fear or favour across the board. When you have something which is not a new crime, but one being prosecuted for the first time, you can’t afford to think about which communities might be disproportionately implicated. Eighty-four per cent of sex offenders in this country are British white men. Are we saying all white men are like that? Of course not. You have to take the same attitude to forced marriage and honour-based violence in the south Asian, African and Middle Eastern communities.”  Honour based abuse is a broad umbrella term used to describe a combination of practices used principally to control and punish the behaviour of a member of a family or social group, in order to protect perceived cultural and religious beliefs in the name of ‘honour’. Although predominantly associated with women and girls, male members of a family can also be victims of breaking the ‘honour code’, bringing disgrace to their family or social group. Perpetrators will feel that they need to restore their loss of face and standing within their community. There is no statutory definition of honour based abuse. However, the National Police Chief Council (NPCC) have provided guidance and a definition to Police Forces: ‘an incident or crime involving violence, threats of violence, intimidation, coercion or abuse (including psychological, physical, sexual, financial or emotional abuse), which has or may have been committed to protect or defend the honour of an individual, family and or community for alleged or perceived breaches of the family and / or community’s code of behaviour’. In the UK honour-based abuse is a hidden crime with victims often unable or unwilling to come forward, crimes can be broad, ranging from threats and intimidation through to kidnap and murder. Honour abuse is often premeditated, a conspiracy with the shared belief that the victim must be killed or punished. They can involve various members of the family. In some cultures, ‘forced suicide’ is used as a substitute for a honour killing. When an honour crime has been committed, the community will often close ranks to protect the perpetrators. This may include, hiding those responsible, arranging for them to leave the UK, or providing false alibi’s. Triggers for honour based abuse can include rejecting a forced marriage, interfaith and inter-race relationships, renouncing a faith, loss of virginity, coming out as being lesbian, gay, bisexual or transgender (LGBT), adultery, being to ‘westernised’ by inappropriate make-up or dress, kissing or being intimate in a public place etc. As was portrayed in the drama, there may be an element of ‘surveillance’ and control by the family or community members. In the case of adults this might present where the victim is routinely accompanied to and from a place of work. In children or young people, they may be driven to and from school, not able to walk or travel on public transport with friends, they might field a high number of phone calls from family members or their spouse. They may look uncomfortable taking the calls, quiet and withdrawn afterwards, a victim may be accompanied to the doctors by a family member or spouse, there may be noticeable levels of absenteeism, lateness at school, college or employment. Other indications of honour based abuse can be found here. Honour based abuse is also closely linked with forced marriage. The Marriage Act 1949 and the Matrimonial Causes Act 1973 govern the law on marriage in England and Wales. The minimum age at which a person can consent to marriage is 16. A person between the ages of 16 and 18 may not marry without parental consent (unless the young person is already a  widow/widower). A marriage will be void if either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise. Forced marriage became a criminal offence in the UK, in 2014.The Anti-Social Behaviour, Crime and Policing Act 2014 makes it illegal for: a person to use violence, threats or any other form of coercion for the purpose of causing another person to enter a marriage without their free and full consent. Coercion includes emotional force, physical force or the threat of physical force and financial pressure take a person overseas to force them to marry (whether the forced marriage takes place or not) practice any form of deception with the intention of causing another person to leave the UK for the purpose of causing another person to enter into a marriage without their free and full consent marry a person who lacks the mental capacity to consent to the marriage (whether they’re pressured to or not) breach a Forced Marriage Protection Order Lack of mental capacity – The Mental Capacity Act 2005 applies to all people aged 16 and over. In summary where a person lacks capacity to consent to marriage, that marriage must be viewed as a forced marriage whatever the reason for the marriage taking place. It prevents a parent form being able to give consent on behalf of a person who lack the capacity to give their own consent. In 2017 the UN’s International Labour Organisation (ILO) together with the Walk Free Foundation produced the report ‘2017 Global Estimates of Modern Slavery’ which looked at the worldwide modern slavery problem. For the first time they included in their data, the figures relating to forced marriage. They estimated that in 2016 a staggering 15.4 million people were trapped within a forced marriage. Karma Nirvana is a UK charity that supports victims of honour-based abuse and forced marriage. Founder and Director, Jasvinder Sanghera CBE, highlighted that victims of forced marriage needed to feel confident in coming forward.  You can find further information here https://karmanirvana.org.uk/ | 08005999247 | infor@karanirvana.org.uk Other Support Lines:          Southall Black Sisters: southallblacksisters.org.uk/ southallblacksisters.org.uk/campaigns/forced-marriage-campaign/ IKWRO: a website dedicated to safeguarding Middle Eastern and Afghan women and girls at risk of female genital mutilation, honour abuse and Domestic Abuse ikwro.org.ukAFRUCA: (Africans Unite Against Child Abuse) – A charity devoted to promoting the rights and welfare of African children. Tel: 020 7704 2261 | www.afruca.orgTrue Honour: Supporting all victims of honour based violence forced marriage and female genital mutilation www.truehonour.org.uk | 07480621711 | contact@truehonour.org.ukThe Halo Project Charity: support for victims of honour-based violence, forced marriages and female genital mutilation  01642 683045 or 08081 788 424 | https://www.haloproject.org.uk/NSPCC Female Genital Mutilation helpline: 0800 028 3550 | www.nspcc.org.uk/inform/resourcesforprofessionals/minorityethnic/female-genital-mutilation_wda96841.html We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.

Hi and welcome to Pod-CACHE, the portable CPD and best practice podcast from CACHE, presented by Dawn Constance Mulvaney - Editor of www.CACHEAlumni.org.uk, the award-winning professional membership network available free for those working in Care, Health and Education.  In this special episode of Pod-CACHE, recorded as part of the WellFEst event in summer 2020, Stephen and Damion talk Mindfulness and Resilience.  Damion is an experienced executive coach, mindfulness trainer, coach supervisor and facilitator and is passionate about building strong relationships with clients. Damion has built a business helping individuals and teams explore their personal authenticity and emotional intelligence to make sustainable changes to their leadership behaviour. Damion brings a high degree of calm presence, support and challenge, enabling clients to fully accept and embrace change. Stephen Mordue is a Senior Lecturer in Social Work at the University of Sunderland. As well as teaching about Adult Care on the undergraduate and postgraduate programmes he is Practice Learning Coordinator and Programme Leader for the Best Interests Assessment in Practice Programme. He was a social work practitioner and manager for 12 years working mainly with older people and their families. His areas of special interest are effective communication, working with people with dementia, the Mental Capacity Act, and self care and productivity for professionals.  If you'd like to skip to (or skip) Damion's guided mindfulness exercise at the end of the podcast, you can find this at 36:29.  Thanks to WYLP for all of their support with this special four part series from WellFEst 2020.  WYLP are a regional network established to support and advocate all providers and colleges in the FE and Skills sector. In addition, providing a unique provider support service to support providers on their journey to outstanding. You can find their website at www.wylp.org.uk for more information on how they can support you.  As always, you can find CACHE Alumni at www.cachealumni.org.uk and find us on Twitter and Instagram at @CACHEAlumni

In this episode, we look at the Mental Capacity Act (2005). We begin by looking at its aims and then move onto discussing the five guiding principles of the act. Following this, we go through the two-stage mental capacity test which helps us to determine whether a patient has, or lacks, capacity. For more information on the topic and on a whole host of other topics within healthcare ethics and law, head over to our website - healthcareethicsandlaw.co.uk For more bitesized content and resources be sure to follow us on social media: Instagram: https://www.instagram.com/healthcare_ethics_and_law/?igshid=znwsjiusjakl Twitter: https://twitter.com/HealthcareEthi1 Facebook: https://www.facebook.com/healthcareethicsandlaw

An introduction to the Mental Capacity Act 2005

Dan Anderson (Regional Manager at POhWER) discusses how the COVID-19 pandemic has affected advocacy- specifically the Mental Capacity Act, COVID-19 testing and DNARs.

In this episode of the HJ Talks About Abuse podcast, Partner Alan Collins and Senior Associate Robert Hurling discuss personal injury trusts. What is a personal injury trust? An injured person sometimes places or has placed for them their compensation into a personal injury trust which is a legally binding arrangement for the holding and managing of monies – compensation received as a consequence of injury. When and why would a personal injury trust be needed? The injured  person may be unable to work and their family members may have given-up employment to  provide care. They will continue to have their regular living costs to meet, including providing maintenance costs for their children or other dependant relatives. All these obligations and needs could mean that the person may still need to access  DWP and local authority means-tested benefits and funding for care services. Receipt of compensation could affect entitlement. A personal injury trust  is a legal vehicle that can be used to ensure that the receipt of compensation does not affect entitlement to certain DWP and local authority means-tested benefits. It is important to consider whether a personal injury trust could be used to ensure that the injured person: Is able to claim all of the state benefits and care funding that they may be entitled to, both now and in the future has a suitable structure in place to manage their compensation in the future A personal injury trust can, therefore, protect the interests of very young, old, disabled or otherwise vulnerable people. How does the personal injury trust work? The personal injury trust is created by a legal document called a deed. The injury person appoints two but no more than four trustees who will manage the fund – the compensation. They will make decisions about investment and payments. This a very responsible job and depending on the individual’s circumstances  whether family members or close friends act as a trustee together with the person receiving the compensation, or professionals are appointed such as solicitors. The trustees must each authorise all transactions within the trust, providing protection against inappropriate use of funds. Trustees must each be over 18 years of age and mentally capable of fulfilling their responsibilities. They have to set-up a bank or building society account to hold the trust funds, which must be kept separate from all other personal finances. All cheques and transactions will be signed and authorised by the trustees. It is important to choose the right trustees, as they will have full control over the personal injury trust and the funds held within it. The trustees chosen must be able to work well together and act in the best interests of the injured  person for whom the funds are held. It is important that the injured  person receives legal advice from a specialist solicitor about the right kind of trust to put in place. The simplest type of trust is called a ‘bare trust’ and this is often the most appropriate for personal injury funds. In this type of trust, the money still belongs to the injured person and they can end the trust at any time if they so wish. However, other types of trust may be appropriate so the person’s specific circumstances should be considered. For example, the type of trust may affect the distribution of the injured person’s estate when they pass away, so provisions for their family in the future should be taken into account. A personal injury trust can protect the interests of very young, old, disabled or otherwise vulnerable people An injured person can benefit from the knowledge and experience of their trustees. Appropriate trustees can provide valuable advice and support when making important decisions. This can ensure that funds are managed appropriately to protect the injured person's long-term interests. A personal injury trust helps to define and ‘ring-fence’ the funds that have arisen from a personal injury, keeping them separate from other assets. This can assist if a person's circumstances change and they become entitled to means-tested benefits and care services in the future. How much does it cost to set-up a personal injury trust? There will be a cost in setting up a personal injury trust. It should be remembered though that the trust may pay for itself several times over, and should be factored in when decided whether to go ahead. The cost of creating a trust can sometimes be included in a compensation settlement, but often people will have to pay the costs themselves. Also, if a professional trustee, such as a specialist solicitor, is appointed to manage the fund then they will usually charge an annual fee. When should the personal injury trust be created? There is a 52-week disregard for payments relating to personal injury. This means that clients will have 52 weeks from the first payment of compensation (whether that is an interim payment of the final settlement) to set up a trust to receive the compensation. Once set up, it  will ensure that the funds can be transferred into the trust immediately and there will be no loss of DWP benefits or care funding entitlement provided this is done within the 52 week limit. Some injured people may not be entitled to means-tested benefits and services at the time they receive their funds, and so a personal injury trust may not seem immediately relevant but circumstances can change, and some thought needs to be given to what might happen in the future. It is possible for a trust to be created at a later date but it is not retrospective and does not allow for the injured person to claim for DWP benefits that they have missed out on. Trusts for people without mental capacity Some injured people lack the  mental capacity to deal with their own financial affairs, under the criteria set out in the Mental Capacity Act 2005 (MCA). In order to make decisions for someone who lacks capacity, an application must be made to the Court of Protection (CoP). A CoP judge will then have to decide the most appropriate method for management of the person's financial affairs. A deputy will usually be appointed in order to manage another’s property and financial affairs. This is usually preferred to the establishment of a personal injury trust, because a deputy is required to report to the Office of the Public Guardian (OPG). This requirement provides assurance that the person lacking capacity will have their best interests looked after. Funds held by a deputy will also be disregarded for means-tested benefits and services, in the same way as funds held in a trust. In cases involving a child, a judge will need to approve the establishment of a personal injury trust to manage their funds until they reach 18 years of age. The court will need to be satisfied that a trust is suitable and is likely to be beneficial to the child, as well as approving the trustees and the type of trust that is to be used. But it’s my compensation! Yes it is, and remains so even with the establishment of a personal injury trust. An injured person (provided they have capacity) can always end the trust. If you have any questions about setting up a personal injury trust, you can speak to Robert Hurling by visiting the Court of Protection page on the Hugh James website. You can email aboutabuse@hjtalks.co.uk to speak to Alan about something you have heard today or to suggest a topic for a future episode of the podcast.

Nicola chats with Nick Slinn from the CPSU, and ACT CEO Deborah Kitson about a long and fruitful partnership.ACT and the CPSU have been working together for some years now to help spread awareness and best practice about safeguarding adults in sport. Here they talk about how the partnership came to be, before exploring why the work they're doing is so important.

Alex Ruck Keene talks to us about the Mental Capacity Act 2005, what it is, how it is applied and the challenges faced by social care professionals in applying it. Listen for tips on how to avoid mistakes in using the act, capacity assessments and evidencing compliance. #share #comment and #like this video so more people can benefit from Alex's knowledge! Follow Alex @capacitylaw (twitter) https://www.mentalcapacitylawandpolicy.org.uk/ (Alex's useful blog on Mental Capacity Law and Policy) Check out his Bio on 39 Essex website here: https://www.39essex.com/barrister/alexander-ruck-keene/ --- Send in a voice message: https://anchor.fm/coproducecare/message

Forced Marriage is a marriage without the consent of one or both parties, and where duress is a factor. Forced marriage is:An abuse of human rights.A form of domestic violence.A form of violence against men and women.Against the law.Forced marriage of people with learning disabilities often concerns the ability, or capacity, to consent. It also concerns the willingness to consent.Research indicates that forced marriage of people with learning disabilities is likely to be vastly under reported. The motivators and consequences are also likely to be different from how forced marriage would usually present itself.In this episode of Safeguarding Matters, Nicola talks to associate professor Rachel Clawson about the forced marriage of people with learning disabilities. They discuss why forced marriage might happen, and why people with learning disabilities are particularly at risk.

We are delighted to be sponsoring the app for the Knights Foundation's Teddy Bear Appeal app; a project which will allow the conversion of a lodge at a beautiful location on the south coast of England overlooking the sea is to to a high specification so that disabled families can enjoy a holiday in exactly the same way as an able-bodied family. Families with a vulnerable child will face many difficult decisions. In our latest podcast, we aim to offer bite size legal advice to help these families. Partner Elizabeth Power talks through what options are available with regards to decision making when these vulnerable children turn 18. Show notes: 00:50 How does the role of a parent change when a vulnerable child turns 18? 02:00 Elizabeth talks about how frustrating it can be for parents to communicate with medical professionals once a vulnerable child turns 18 02:15 What happens when a professional assesses the young person? Elizabeth talks through using the example of getting consent for dental work 03:35 What decision making options are available for parents? Elizabeth talks through what the documentation all means 04:56 What are the key parts of the Mental Capacity Act, 2005 you should understand as parent? Elizabeth explains they key principles 05:50 Applying to the Court of Protection and Deputies - Elizabeth talks through how this process works and when this happens 08:22 Contact us for more information - how we can help in this difficult situation

The Mental Capacity Act states that a person lacks capacity if they are ‘unable to make a specific decision, at a specific time, because of an impairment of, or disturbance, in the functioning of mind or brain'. If you think that an individual lacks capacity, you need to be able to demonstrate it. You should be able to show that it is more likely than not – ie, a balance of probability – that the person lacks the capacity to make a specific decision when they need to. Assessing a person's mental capacity accurately is so important to get right, as the consequences for the individual can be huge. And that's where Tim farmer and his award-winning firm, TSF Consultants, come in. Known as ‘The Guru of Mental Capacity', in his work with TSF Consultants Tim and his team have conducted over 3.500 mental capacity assessments in both clinical and legal settings. TSF has become the largest supplier of mental capacity assessments to the legal profession, providing the assessments required when dealing with Lasting Powers of Attorney and the Court of Protection. Tim's book, ‘Grandpa on a Skateboard', is the first practical book for Health and Legal professionals, that simplifies and explains the assessment process – jargon free.  Listen here on episode 037 The Retirement Café Podcast.

The Mental Capacity Act (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. It applies to people aged 16 and over.It covers decisions about day-to-day things, like what to wear or what to buy for the weekly shop, or serious life-changing decisions.In this episode of Safeguarding Matters, Laura Thorpe talks to ACT's safeguarding adults lead Lisa Curtis about the MCA. They talk about the key principles of the act, and who it applies to. They also discuss more detailed aspects of the MCA, such as lasting powers of attorney and the need for the "least restrictive" option in every decision.

Deprivation of Liberty Safeguards (DoLS) are an aspect of the Mental Capacity Act (MCA). In certain cases, the restrictions placed upon a person who lacks capacity may amount to "deprivation of liberty". This must be judged on a case-by-case basis.Where it appears a deprivation of liberty might happen, the provider of care (usually a hospital or a care home) has to apply to their local authority.They'll then arrange an assessment of the person's care and treatment to decide if the deprivation of liberty is in the best interests of the individual concerned.If it is, the local authority will grant a legal authorisation. If it isn't, the care and treatment package must be changed – otherwise, an unlawful deprivation of liberty will occur. This system is known as the Deprivation of Liberty Safeguards.In this episode of Safeguarding Matters, Laura Thorpe talks to ACT's adult safeguarding lead Lisa Curtis about DoLS. They talk about situations that could constitute DoLS, and the sort of factors to consider when making a decision.

Safeguarding must take into account the individual choices and requirements of everyone involved.We must operate on this abiding principle:"Nothing about me, without me."Making Safeguarding Personal means ensuring that adults are more involved in the safeguarding process. When making decisions, we must take into account their views, wishes, feelings and beliefs.In this episode of Safeguarding Matters, Laura Thorpe talks to ACT's adult safeguarding lead Lisa Curtis about Making Safeguarding Personal. They explore the thinking behind the concept, and talk about how these principles might work in practice.

The Safeguarding Adults in Sport Framework is an audit tool. It's designed to enable sports organisations to have their safeguarding policy and practices assessed against a national safeguarding standards framework.In this episode of Safeguarding Matters, Nicola Dean talks to Damien and Robin from North Yorkshire Sport, Nicola from Kent Sport, Emma Gibson from Badminton England and Alison Howard from Rounders England. All of these organisations took part in the pilot stage of the Framework project. We used their feedback to make the Framework as clear and accessible as possible.The guys talk about their experience in completing the Framework. They explore what safeguarding means to them, and they have some great advice for any sports organisations looking to complete the Framework in the future.

John McGowan, Anne Cooke, Angela Gilchrist, Rachel Terry and Emma Rye discuss involuntary treatment in mental health. In this edition we discuss the compulsory powers available in the mental health system in the UK These include the Mental Capacity Act and the Mental Health Act (MHA). The regular panel is joined by Emma Rye, a Clinical Psychologist working in in the field of learning disabilities. Emma is currently in training to take up the role of a ‘Responsible Clinician’ under the MHA. We also have interviews with Dr Matthew Debenham, an NHS psychiatrist, and with service users Rai Waddingham and Raza Griffiths, both of whom discuss how compulsory powers were used in their own treatment. As the Prime Minister has recently said she would like to ‘rip up’ the Mental Act (see below) our panel also offer Theresa May advice on what to replace it with. You can follow us on Twitter @CCCUApppsy and on Facebook if you search for Canterbury Christ Church University Applied Psychology. You can follow Angela on Twitter @cyberwhispers, Anne @AnneCooke14 and Rachel @rterrypsy. Links to things we talked about on this show: A brief overview of the 2007 overhaul of the 1983 Mental Health Act. This 2007 update is still the dominant legislative framework today… http://webarchive.nationalarchives.gov.uk/20130107105354/http://www.dh.gov.uk/en/Healthcare/NationalServiceFrameworks/Mentalhealth/DH_078743 … and the Mental Health Act Code of Practice, intended to provide a guide for professionals, service users and carers on the operation of this legislation. https://www.gov.uk/government/publications/code-of-practice-mental-health-act-1983 A useful summary of the principles of the Mental Capacity Act, which allows people to make ‘unwise’ decisions: provided they have the capacity to do so. http://www.scie.org.uk/mca/introduction/mental-capacity-act-2005-at-a-glance Some information on Theresa May’s Mental Health Act announcement. A pledge to ‘rip it up’… https://www.thetimes.co.uk/article/every-school-will-get-mental-health-expert-pledges-may-flm9tthf9 …and some suggestions for what might replace it. https://www.theguardian.com/commentisfree/2017/may/09/theresa-may-mental-health-act-care You can follow Rai Waddingham on Twitter @RaiWaddingham and find a range of resources on her website. http://www.behindthelabel.co.uk/ A recent paper from the British Journal of Psychiatry suggesting that being admitted to a mental health ward may have negative consequences for suicidal risks. http://bjpo.rcpsych.org/content/3/3/102 This Guardian article offers a personal account by a nurse involved in compulsory treatment. https://www.theguardian.com/healthcare-network/2017/mar/16/hate-restraining-mental-health-patients-what-choice   This short piece by legal commentator Joshua Rozenberg highlights some of the main issue in replacing European human rights legislation. https://www.theguardian.com/commentisfree/2015/may/11/human-rights-reform-michael-gove-justice-secretary   This small research study suggests quite mixed experience of involuntary detention and also addresses some of the issues in how to improve people’s experiences. https://www.researchgate.net/publication/232053059_Patients'_perceptions_of_the_impact_of_involuntary_inpatient_care_on_self_relationships_and_recovery Please note The views and opinions expressed in this discussion are those of the contributors and do not necessarily reflect the official policy or position of any of the contributors' employing organisations. Producer: John McGowan Additional technical support: Saul McGowan Music: http://www.bensound.com/

Assessing the capacity of patients is an essential skill for all doctors, not least surgeons, as it is intimately related to taking consent and treating any patient correctly. In one of the most important podcasts from the School of Surgery, Ricky Ellis and Christine Taylor discuss capacity, the Mental Capacity Act, how to assess and enhance capacity and how to care for patients without capacity. The 5 key principles of the Mental Capacity Act are clearly explained as is how to act in the best interest of patients without capacity - for example, the unconscious patient who requires life threatening surgery, with a best interests checklist to help you do thing correctly. How to deal with Advanced Directives or advanced decisions to refuse treatment is clearly explained here too. Its a long podcast but not knowing about issues related to capacity can lead to charges of assault being brought or omission of care leading to charges of negligence. This may be one of the most important 20 minutes you can spend, whether you are a medical student, doctor or anyone else involved in the treatment of patients.

Older adults with late stage dementia are likely to lack the capacity to make decisions regarding care and treatment on their own, and subsequently these decisions may rely on a proxy decision-maker. In most cases, a carer will assume the role of decision maker, and this will involve navigating which services and treatments are most appropriate for women with a breast cancer diagnosis. The Mental Capacity Act (2005) sets out the guidelines for safeguarding individuals who are unable to make an informed decision, and this act is underpinned by the principle that any decision should be made in their best interests. Little is currently known about how treatment decisions are made for older women with breast cancer, and there are limited treatment recommendations tailored specifically towards older women with dementia and a breast cancer diagnosis. This research will reflect on the needs of caregivers involved in making proxy treatment decisions in breast cancer care.

The Mental Capacity Act 2005 is a law that protects and supports people who do not have the ability to make decisions for themselves. This could be due to a learning disability, or a mental health problem or condition such as dementia. In this edition of the podcast we look at how the act can affect the lives of those living with dementia.

In this month’s podcast Dr Eugene Tang interviews Dr Beth Hall-Thompson about her article, Travelling to Altitude; Dr Helen Lawal finds out more from Dr Beth Griggs about a fascinating project, The Year of Care Partnership; Dr Clare Gerada, past Chair of the RCGP, speaks to us about her involvement with The Practitioner Health Programme; and the Mental Capacity Act comes under the spotlight.   http://ino.sagepub.com/content/7/4/217.abstract

Michael Dunn gives a talk on the legal and ethical issues surrounding research involving adults who lack the capacity to give consent. Part of the Oxford Bioethics Network series on Issues in Research Ethics.

Michael Dunn gives a talk on the legal and ethical issues surrounding research involving adults who lack the capacity to give consent. Part of the Oxford Bioethics Network series on Issues in Research Ethics.

This podcast looks at a recent case in light of the Mental Capacity Act 2005 and explores how the courts have interpreted such an important piece of legislation.

This podcast looks at a recent case in light of the Mental Capacity Act 2005, Re MM, and discusses the interesting issues about the application of this Act.

Does the Mental Capacity Act 2005 adequately protect the interest of incapacitated adults? Listen to this Medical Law podcast to learn how to give your best answer to this essay question.