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Mental Health and Mental Capacity Law

Convenor

Peter Bartlett

Call for Papers

Abstracts may only be submitted via the Easy Chair system. They must be no longer than 300 words and must include your title, name and institutional affiliation and your email address for correspondence.

The deadline for the submissions is Monday 19 January 2015.

The past year has been a lively one for those interested in mental health and mental capacity law. The Supreme Court decision in Cheshire West has created something of an upheaval in the administration of the Deprivation of Liberty Safeguards, now under review by the Law Commission. Once again slightly ahead of the curve, the Scots Law Commission has also recently published draft amendments to Scots law in this area. In Northern Ireland, the move towards a unified mental health and mental capacity act continues to inch forward. We continue to see the results of how the Scots legislation and the Mental Health Act 2007 south of the border, are working in practice (CTOs, anyone?). At the international level, it is increasingly clear that the UN Convention on the Rights of Persons with Disabilities is changing what is expected of mental health and mental capacity law.

While these legal developments provide a particularly apt occasion for the stream, papers from all areas of the law relating to mental health, mental capacity and mental disability are welcome, including:
• Civil, criminal or informal mechanisms of control, in hospital or in the community
• Supported decision-making and supported accommodation
• The law relating to incapacity benefits, and other issues relating to care and programmes in the community;
• Issues relating to discrimination on the basis of mental disability (be it mental health issues, psychosocial disabilities, or learning disabilities)
• International law relating to people with mental disabilities;
• The role of administration or care-givers in the provision of services;
• The role or experience of service users in mental health care.

We impose no restriction on methodology: papers may be empirical, policy-centred, historical, analytic, traditional legal, or theoretical, in approach.

The SLSA is an interdisciplinary organization, and papers are welcome from any academic background, and from people at any stage of their career.

The stream co-ordinator is also happy to consider joint sessions with other streams in the conference where appropriate.
Please feel free to circulate this call for papers to interested scholars and other interested persons working in any discipline related to law and mental disability.

The stream co-ordinator is Peter Bartlett Please feel free to contact him with enquiries about the stream.

Session Programme (Papers and rooms are subject to change)

Tuesday: Session 1: Social Sciences Room S0.20

Session Title: (Joint with Criminal law and Criminal Justice)

Papers: 'Are we not all legally insane?’: A critique of the situationist’s approach to blame attribution - Kennefick

Psychopaths, moral cognition and English criminal law - Barnes

Containing them, liberating us: Psychopathy, morality and Jung’s shadow - McRae

Tuesday: Session 2:Social sciences Room S2.12

Session Title: Housing and Mental Health (Joint session with the Mental Health Law stream) Panel discussion

Panel: Nick Hopkins, Sarah Nield, Christopher Bevan and Warren Barr

Wednesday : Session 3: Social Sciences Room S0.20

Session Title: (Joint session with Criminal Law and Criminal Justice)

Papers: Paper: Criminal Responsibility & Adolescent Development: A Neuroscientific Perspective - Hannah Wishart.

Legal capacity and impaired self-control: a study of approaches to anorexia nervosa and alcohol addiction across personal decisions and criminal acts. - Craigie:

An issue of intersectionality? Hate crime and mental condition defences - John Rumbold:

Wednesday: Session 3: Social Sciences S0.19 Note that this session is to be moved to take place on Thursday in Session 8 in S0.19

Session Title: MCA in medicine and social care

Papers: The Mental Capacity Act 2005 - Compliance in Clinical Practice - Taylor, Helen

The implications of the UNCRPD requirements on the Mental Capacity Act and healthcare decision-making in relation to people with Fluctuating Capacity - Raphael, Anna

Supported Decision-Making in Adult Safeguarding – A Qualitative Study - Keeling, Amanda

Wednesday: Session 4: Social Sciences S0.13

Session Title: CRPD, MCA – problems of decision-making

Papers: Challenging the Capacity/Incapacity Binary- Capacity to Consent to Sex and Vulnerability - Clough, Beverley

Active citizenship of persons with disabilities and legal capacity: an obvious connection? - Markovic, Milan

Analysing the definition of disability in the CRPD: Is it really based on a 'social model' approach? - Aikaterini, Kazou

Exploring the discriminatory nature of the functional approach of capacity-related assessment - Huang Yi

Wednesday: Session 5: Social Sciences S0.13

Session Title: Court of Protection

Papers: Litigation friend - Akhtar, Shazia

Who, and what, is the Court of Protection for? - Series, Lucy

(Re)Presenting P before the Court of Protection - Ruck Keene, Alex

Back to the Future: The Case for a Mental Capacity Act Commission? - McHale, Jean

Wednesday: Session 6: Social Sciences S0.13

Session Title: Mental Health Act

Papers: Mental Health Act

An Intersectional Perspective on Use of the Mental Health Act: Ethnicity and Madness - Stray, Mel

Involuntary Outpatient Treatment: Human Rights and Efficacy Arguments for Repeal - Gooding, Piers

‘Appropriate’ compulsory treatment for people with mental disorder? Research and evidence y - Sampson, Steph

Society, Mental Health Policy and Welfare of the Mentally-Ill: Insight from Nigeria [awaiting easchair submission] Badru, Fatai

Thursday: Session 7: Social Sciences S0.19

Session Title: Financial Decision-Making and DOLS

Papers: Re-conceptualising Contractual Capacity? An analysis of English Contract Law in light of the UN Convention on the Rights of Persons with Disabilities - Varney, Eliza

‘The Mental Capacity Act 2005 and legal capacity decision-making: time for a new theoretical terrain?’ - Pearl, Alex

Addressing the Bournewood Gap in Scotland - Stavert, Jill

The Way Forward for DOLS: What is it that we Want? - Bartlett, Peter