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

Series, Lucy ORCID: https://orcid.org/0000-0003-0173-8165, Fennell, Philip and Doughty, Julie ORCID: https://orcid.org/0000-0002-2281-7463 2017. The participation of P in welfare cases in the court of protection. [Project Report]. Cardiff: Cardiff University.

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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.

Item Type:	Monograph (Project Report)
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > KD England and Wales
Publisher:	Cardiff University
Funders:	The Nuffield Foundation
Date of First Compliant Deposit:	21 February 2017
Date of Acceptance:	16 February 2017
Last Modified:	02 Nov 2022 10:23
URI:	https://orca.cardiff.ac.uk/id/eprint/98448

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