Jaime Lindsey

Jaime Lindsey

Birmingham Law School
Postgraduate Teaching Associate

Contact details

Fax
0121 414 3585
Email
jtl404@bham.ac.uk
Address
Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT
UK

Title of thesis: Protecting vulnerable adults and promoting their autonomy: mental capacity law in practice

Supervisors: Dr Rosie Harding and Professor Marie Fox

Qualifications

  • LLB (Hons) Law – University College London
  • MA Medical Ethics and Law – King’s College London
  • Legal Practice Course – BPP Law School

Biography

During my undergraduate studies at UCL I developed an interest in healthcare law and decided to study for a masters in this area.  During my masters I completed a dissertation on the topic of maximising the autonomy of women in relation to assisted reproduction technologies. Emerging technologies and bioethics remains a research interest of mine.

After completion of my undergraduate and postgraduate studies, I completed a training contract at Capsticks Solicitors in London, a leading healthcare law firm. Whilst I was working in the public law department I developed a particular interest in mental health and capacity law and decided that this would become the focus of my PhD. I have since been admitted to the roll of solicitors of England and Wales.

Teaching

  • Public Law

Doctoral research

PhD title
Protecting vulnerable adults and promoting their autonomy: mental capacity law in practice
Supervisor
Professor Rosie Harding
Course
Law PhD / PhD by Distance Learning / MPhil / MJur

Research

The aim of my research is to analyse whether the regulatory framework surrounding the Mental Capacity Act 2005 (MCA) and the test for capacity under the MCA appropriately support the autonomy of vulnerable women. I propose to use a case study of consent to sexual activity and marriage. The MCA in combination with the United Nations Convention on the Rights of People with Disabilities (UN CRPD) suggests that supported decision making should be used to enhance the autonomy for those with reduced mental capacity. The complex interplay between mental disability, sexuality and autonomy provides an opportunity and a challenge for feminist legal theory in this area. I intend to use a relational approach to critically analyse the legal test for mental and legal capacity and question the underpinning of the notion of mental capacity itself. I seek to propose a new approach to mental capacity law which values relationality and enhances the autonomy of the subject whilst being underpinned by coherent principles of what it means to be a human person in the legal sphere.

Other activities

Conference papers:

  • Violence and Domestic Violence Research Network Conference, (2016) De Montfort University Leicester
  • ‘Manifestations of power in mental capacity law’s response to the abuse of mentally disabled women’, Feminist Methodologies Roundtable, (2016) University of Kent 
  • ‘Social worker accounts of mental capacity law’, SLSA mental capacity law stream, (2016) Lancaster University
  • ‘Applying a situational account of vulnerability to safeguard adults from abuse’, Gender@BLS Seminar on Power, Care and Vulnerability, (2016) University of Birmingham 
  • ‘Vulnerable adults and the Care Act 2014: An opportunity for a new approach?’, ESRC funded seminar on Safeguarding Adults: A New Legal Framework, (2016) Keele University
  • ‘The inherent jurisdiction and the sexually vulnerable adult in English law’, Controlling Sexuality and Reproduction Inter-disciplinary Conference, (2015) University of Lethbridge, Canada
  • ‘The jurisprudence of the Mental Capacity Act 2005: balancing sexual freedom and sexual abuse’, Midlands PGR Conference, (2015) University of Leicester

Publications

Articles:

  • Lindsey. J (2016), ‘Developing vulnerability: a situational response to the abuse of women with mental disabilities’, Feminist Legal Studies 24(3): 295-314. (10,000 words)
  • Lindsey. J (2011), ‘A New Defence of Necessity in the Criminal Law’, UCL Jurisprudence Review 17: 122 – 146. (10,000 words) 

Other publications: