The participation of P in welfare cases in the court of protection

Lucy Series, Philip Fennell, Julie Doughty

Research output: Working paper

Abstract

This report considers the participation of P - an individual who is alleged to lack mental capacity - in proceedings concerning his health, welfare or deprivation of liberty in the Court of Protection (CoP) under the Mental Capacity Act 2005 (MCA). We argue that the CoP was established on a model of 'low participation' that is no longer compatible with developments in international human rights law under the European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities. The European Court of Human Rights has developed a threefold 'right to participate' in proceedings concerning deprivation of liberty and deprivation of legal capacity, emphasising individual dignity, and adversarial and evidential principles. Support for, and participation in, decision making are also central elements of the MCA.
Original languageUndefined/Unknown
Place of PublicationCardiff
PublisherCardiff University
Publication statusPublished - 2017

Structured keywords

  • SPS Centre for Research in Health and Social Care

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