The Future of Advance Decisions in Mental Health and Mental Capacity Law

Hosted by the Centre for Health Law and Policy

The workshop seeks to explore conceptual, empirical and legal dimensions of advance decisions, advance consent and advance refusal. Advance Decisions to Refuse Treatment (ADRTs), including to refuse life-sustaining treatment, are available under the Mental Capacity Act 2005 (MCA). Advance consent provisions, on the other hand, are not currently legally supported, though there have been some recent recommendations to do so (The Law Commission, Mental Capacity and Deprivation of Liberty 2017; Wessely Review of the Mental Health Act 2018. Significant changes to advance decisions in mental health and mental capacity law may, therefore, be forthcoming. In order to reflect on progress and possibilities in this area, the research workshop to address the following questions:

• Which conceptual frameworks provide robust rationales for advance decisions and choices, and how do they do so?
• How do people use and experience current provisions for legally binding advance decisions?
• How would the introduction of advance consent provisions change mental health and mental capacity law?

Speakers include:

• Alex Ruck-Keene (Barrister at 39 Essex Street Chambers; Mental Health & Justice, Kings College London):

• Professor Celia Kitzinger (Professor of Law, Cardiff University)

• Professor Samantha Halliday (Professor of Law, University of Huddersfield)

• Magdalena Furgalska (PhD Candidate, University of Birmingham)

Registration

This is free event and all are welcome

Please let us know if you have any dietary requirements.

If you have any specific access needs or other requirements please let us know prior to the event.

Location

Birmingham Law School

12.30pm - 1.30pm: Lunch, Senior Common Room (Law School Building Second Floor)

1.30pm - 5pm: Harding Moot Room