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    Justifying and practising effective participation in the Court of Protection: an empirical study

    Kong, Camillia and Stickler, Rebecca and Cooper, Penny and Watkins, M. and Dunn, M. (2022) Justifying and practising effective participation in the Court of Protection: an empirical study. Journal of Law and Society 49 (4), pp. 703-725. ISSN 0263-323X.

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    Abstract

    Under the Mental Capacity Act 2005 (MCA) in England and Wales, the participation of persons in making decisions that affect their lives is embedded within the legislation and has also been addressed directly in Court of Protection (CoP) rules and guidelines. Various studies and reports nonetheless have indicated a potential gap between practice on the ground and the participatory aspirations of the MCA. This paper presents an analysis of semi-structured interviews with 56 legal professionals (lawyers and retired judges) specialising in mental capacity law to examine how they envisage the substantive meaning and function of P’s effective participation. The study reveals deeper legal and ethical justifications behind why P’s participation matters and also suggests that interpersonal barriers, such as communicating and engaging with P, can hinder its realisation in practice.

    Metadata

    Item Type: Article
    School: Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School
    Depositing User: Camillia Kong
    Date Deposited: 09 Jan 2023 06:20
    Last Modified: 02 Aug 2023 18:17
    URI: https://eprints.bbk.ac.uk/id/eprint/48565

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