{"id":101,"date":"2014-03-05T11:08:52","date_gmt":"2014-03-05T11:08:52","guid":{"rendered":"http:\/\/sites.cardiff.ac.uk\/wccop\/?page_id=101"},"modified":"2014-03-05T14:26:19","modified_gmt":"2014-03-05T14:26:19","slug":"9-what-do-commentators-say-about-the-mental-capacity-act-the-deprivation-of-liberty-safeguards-and-the-court-of-protection","status":"publish","type":"page","link":"https:\/\/sites.cardiff.ac.uk\/wccop\/resources\/9-what-do-commentators-say-about-the-mental-capacity-act-the-deprivation-of-liberty-safeguards-and-the-court-of-protection\/","title":{"rendered":"9.\tWhat do commentators say about the Mental Capacity Act, the Deprivation of Liberty Safeguards and the Court of Protection?"},"content":{"rendered":"

Evidence to the House of Lords Select Committee on the MCA<\/a> suggests that the principles of the MCA are generally popular among professionals and researchers, although the DoLS are much less so.\u00a0 Most agree that there are concerns about the implementation of the MCA.\u00a0 However, there is concern \u2013 especially amongst lawyers, academics and disability rights campaigners \u2013 that the MCA\u2019s principles may violate a new treaty – the UN Convention on the Rights of Persons with Disabilities<\/a>.\u00a0\u00a0 This is likely to be a topic of some debate for many years to come.<\/p>\n

There have been a number of major research studies on the MCA.\u00a0 The first was Making Best Interests Decisions: People and Processes<\/i><\/a> by researchers at the Norah Fry Research Centre at the University of Bristol, the Mental Health Foundation and the University of Bradford.\u00a0 The Mental Health Foundation<\/a> has published a helpful literature review<\/a> of academic studies on the MCA.\u00a0 The University of Bristol is carrying out a study on the DoLS<\/a>.\u00a0 The University of Cambridge has completed a study<\/a> on the interface between the Mental Health Act 1983 and the DoLS \u2013 an area fraught with difficulty.\u00a0 The Essex Autonomy Project<\/a> at the University of Essex has examined the philosophical dimensions of the MCA, and has run several events bringing together people from different backgrounds to discuss these issues.\u00a0 The Chronic Disorders of Consciousness Research Group<\/a> at the Universities of Cardiff and York also examine issues relating to the MCA and people with chronic disorders of consciousness.\u00a0 Researchers at Newcastle University and Northumbria are researching the assessment of capacity and best interests in dementia on discharge from hospital<\/a>.\u00a0 The Ethox Centre<\/a> at the University of Oxford is considering many issues related to capacity and clinical ethics.\u00a0 Many other researchers from around the country are also involved in research on the MCA, for example researchers at the Universities of Manchester<\/a>, Nottingham<\/a>, Southampton<\/a>, the London School of Economics<\/a>, King\u2019s College London<\/a> and Queen Mary University of London<\/a>.<\/p>\n

One key area of discussion and debate around the MCA is its compatibility with the United Nations Convention on the Rights of Persons with Disabilities (CRPD)<\/a>.\u00a0 The CRPD provides \u00a0that people with disabilities should be able to enjoy \u2018legal capacity\u2019 (the right to make legally recognised decisions) on an equal basis with others (Article 12 CRPD).\u00a0 Some people believe that the MCA may not be compatible with this.\u00a0 Many of the academics cited in this section have written about this, and the Centre for Disability Law and Policy<\/a> at NUI Galway are also conducting research in this area.<\/p>\n","protected":false},"excerpt":{"rendered":"

Evidence to the House of Lords Select Committee on the MCA suggests that the principles of the MCA are generally popular among professionals and researchers, although the DoLS are much less so.\u00a0 Most agree that there are concerns about the implementation of the MCA.\u00a0 However, there is concern \u2013 especially amongst lawyers, academics and disability<\/p>\n","protected":false},"author":1346,"featured_media":0,"parent":10,"menu_order":9,"comment_status":"open","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-101","page","type-page","status-publish","hentry"],"meta_box":[],"_links":{"self":[{"href":"https:\/\/sites.cardiff.ac.uk\/wccop\/wp-json\/wp\/v2\/pages\/101","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sites.cardiff.ac.uk\/wccop\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/sites.cardiff.ac.uk\/wccop\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/sites.cardiff.ac.uk\/wccop\/wp-json\/wp\/v2\/users\/1346"}],"replies":[{"embeddable":true,"href":"https:\/\/sites.cardiff.ac.uk\/wccop\/wp-json\/wp\/v2\/comments?post=101"}],"version-history":[{"count":1,"href":"https:\/\/sites.cardiff.ac.uk\/wccop\/wp-json\/wp\/v2\/pages\/101\/revisions"}],"predecessor-version":[{"id":103,"href":"https:\/\/sites.cardiff.ac.uk\/wccop\/wp-json\/wp\/v2\/pages\/101\/revisions\/103"}],"up":[{"embeddable":true,"href":"https:\/\/sites.cardiff.ac.uk\/wccop\/wp-json\/wp\/v2\/pages\/10"}],"wp:attachment":[{"href":"https:\/\/sites.cardiff.ac.uk\/wccop\/wp-json\/wp\/v2\/media?parent=101"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}