The Role of Values and Participation in Judicial Deliberation and Mental Capacity Law
Lead Research Organisation:
Birkbeck, University of London
Department Name: Inst for Crime & Justice Policy Research
Abstract
The empowering principle within the Mental Capacity Act 2005 in England and Wales (MCA) means that the participation and values of individuals with impairments are accorded importance in decisions about their care and treatment. Whether this empowering ethos has been realised in judicial practice is an urgent cause for concern. Judicial discretion currently determines the extent to which P (the subject of proceedings) is involved in decision-making about his or her capacity or best interests, rendering the participatory ideal of the Act contingent on the outcome of judicial deliberation. Some judges meet with P and make decisions in light of P's participation in proceedings; others argue that P's participation is relative to P's proximity to the capacity threshold. These discrepant practices are further complicated by the UN Convention for the Rights of Persons with Disabilities (CRPD) which requires that the rights, will, and preferences of persons with disabilities ought to be respected (Art. 12) and such persons are to have effective access to justice on an equal basis with others (Art. 13). The possibility that judicial practices around P's participation in legal proceedings violate core principles in the MCA and CRPD suggests a pressing need for further critical scrutiny of the nature of judicial deliberation in mental capacity law.
This project will clarify the normative function of values in judicial deliberation about (a) P's effective participation and values, (b) mental capacity, (c) best interests in mental capacity law, so as to ensure that such deliberation stands on clear justification. Judges in the practice of mental capacity law are consistently charged with making difficult decisions, ranging from whether or not P's testimony should have weight in deliberations, to judgments about P's care and treatment, which could result in P's death. Such decisions will invoke practitioners' deeper intuitions and values that go beyond legal principles. The project undertakes a long overdue analysis of this phenomenon in mental capacity law, which will demand interdisciplinary methods drawn from social science, philosophy, and legal analysis. The project will also have significant broader implications, such as improving transparency in judicial deliberation process and influencing future policy guidelines and rules around the participation and empowerment of individuals with disabilities in decisions which fundamentally affect their lives.
Judicial deliberation determines both procedural decisions (i.e. meetings with P, the extent of P's participation in proceedings) and substantive decisions (i.e. P's capacity and best interests, the weight of P's values in such decisions). Particularly in ethically fraught cases featuring incommensurable values, published judgments can appear as post hoc justifications or impressionistic weighing exercises, with little discussion of how values influence such decisions. Further clarity about the deliberative function of values is necessary if certain judicial decisions in mental capacity law are to be explicable and justifiable. The project aims to:
- Improve empirical knowledge of how judges currently invoke values in making procedural and substantive decisions in mental capacity law;
- Provide a robust theoretical account of the obligations that are owed to P in light of legal and ethical principles of participation and empowerment and construct a defensible model of judicial deliberation which can help give effect to such principles;
- Utilise this broadened empirical and theoretical understanding to construct urgently needed practical tools and principled guidelines which can be used by legal practitioners (i.e. judges, representatives, and advocates) so as to realise the court's obligations to P in ways that are aligned with MCA principles and CRPD commitments.
This project will clarify the normative function of values in judicial deliberation about (a) P's effective participation and values, (b) mental capacity, (c) best interests in mental capacity law, so as to ensure that such deliberation stands on clear justification. Judges in the practice of mental capacity law are consistently charged with making difficult decisions, ranging from whether or not P's testimony should have weight in deliberations, to judgments about P's care and treatment, which could result in P's death. Such decisions will invoke practitioners' deeper intuitions and values that go beyond legal principles. The project undertakes a long overdue analysis of this phenomenon in mental capacity law, which will demand interdisciplinary methods drawn from social science, philosophy, and legal analysis. The project will also have significant broader implications, such as improving transparency in judicial deliberation process and influencing future policy guidelines and rules around the participation and empowerment of individuals with disabilities in decisions which fundamentally affect their lives.
Judicial deliberation determines both procedural decisions (i.e. meetings with P, the extent of P's participation in proceedings) and substantive decisions (i.e. P's capacity and best interests, the weight of P's values in such decisions). Particularly in ethically fraught cases featuring incommensurable values, published judgments can appear as post hoc justifications or impressionistic weighing exercises, with little discussion of how values influence such decisions. Further clarity about the deliberative function of values is necessary if certain judicial decisions in mental capacity law are to be explicable and justifiable. The project aims to:
- Improve empirical knowledge of how judges currently invoke values in making procedural and substantive decisions in mental capacity law;
- Provide a robust theoretical account of the obligations that are owed to P in light of legal and ethical principles of participation and empowerment and construct a defensible model of judicial deliberation which can help give effect to such principles;
- Utilise this broadened empirical and theoretical understanding to construct urgently needed practical tools and principled guidelines which can be used by legal practitioners (i.e. judges, representatives, and advocates) so as to realise the court's obligations to P in ways that are aligned with MCA principles and CRPD commitments.
Planned Impact
Beneficiaries outside academia include:
- Domestic/international legal professionals, i.e. current and future judges, legal representatives, non-legal advocates
- Judicial training bodies
- Policymakers
- P and P's family
- Medical and social care professionals
- Society
Five pathways (Ps) will ensure reach and significance of impact to these different communities.
P1 involves the collaboration and co-production of knowledge with legal practitioners. A judicial reference group will be formed, both of participants in the research as well as comprising part of the project's advisory group (AG). The project has already secured the support of the President (Sir James Munby) and Vice-President (Charles J) of the Court of Protection (CoP). Research collaboration with profession-leading organisations, such as The Advocate's Gateway (TAG) and 39 Essex Chambers, will help produce findings that are far-reaching and practicable. As key stakeholders in mental capacity law, these three groups will together provide a practice-based evaluative perspective on the project's findings, ensuring outputs are well-targeted and capable of initiating attitudinal shifts in legal practice.
P2 involves the construction of continuing professional development training tools for legal professionals (i.e. judges, legal representatives, and advocates). An online toolkit will be submitted for consideration to TAG. This toolkit will provide principles of good practice that conform to the MCA and CRPD, as well as guide value self-reflection amongst professionals to accord with the project's transparency agenda. Uptake of results and training guidelines will be promoted to presenters at the Judicial College, to be included in their presentations and seminars for judges nominated to sit in the CoP and other areas of the law where the effective participation of vulnerable witnesses is an issue. Workshops targeting legal representatives will also be developed and delivered. Suggested developments to the Equal Treatment Bench Book will be submitted for consideration to the Judicial Studies Board, with particular focus on the ethical, legal, and practical obligations to P and the process of value reflection that is suitable for judicial deliberation.
P3 will construct two policy recommendation documents based on our findings, to be submitted for consideration to the ad hoc Rules Committee of the Court of Protection and policy-makers at the Ministry of Justice. These will help initiate potential changes in current rules, policies, and legislation.
P4 engages with an international audience to disseminate our practical outputs beyond the domestic jurisdiction. The MCA is viewed as one of the most developed pieces of legislation of its kind, meaning our training tools, rules and policy recommendations will be transferable to other jurisdictions (i.e. Ireland, Australia, Singapore, USA). The confirmed inclusion of key international stakeholders in the AG will help such dissemination. Existing collaborative links with other legal jurisdictions amongst our team will also be pursued further.
P5 focuses on public engagement: the ultimate beneficiaries of practices compliant with the empowering ethos of the MCA and CRPD will be users of the CoP, such as P, P's family, and wider society. Service-user led groups, such as VoiceAbility Advocacy and PohWer, will be engaged in two ways: a representative from VoiceAbility will be part of the AG and our findings will also be disseminated through VoiceAbility's networks / social media and at PohWer's annual MCA conference. Through existing journalistic contacts with our research team, we will seek publication in media sources, such as BBC News, the Today Programme, and The Guardian, to promote the public interest viewpoint of our project, which will be served too through the maintenance of a project website and social media presence that includes publically accessible documents and educational videos.
- Domestic/international legal professionals, i.e. current and future judges, legal representatives, non-legal advocates
- Judicial training bodies
- Policymakers
- P and P's family
- Medical and social care professionals
- Society
Five pathways (Ps) will ensure reach and significance of impact to these different communities.
P1 involves the collaboration and co-production of knowledge with legal practitioners. A judicial reference group will be formed, both of participants in the research as well as comprising part of the project's advisory group (AG). The project has already secured the support of the President (Sir James Munby) and Vice-President (Charles J) of the Court of Protection (CoP). Research collaboration with profession-leading organisations, such as The Advocate's Gateway (TAG) and 39 Essex Chambers, will help produce findings that are far-reaching and practicable. As key stakeholders in mental capacity law, these three groups will together provide a practice-based evaluative perspective on the project's findings, ensuring outputs are well-targeted and capable of initiating attitudinal shifts in legal practice.
P2 involves the construction of continuing professional development training tools for legal professionals (i.e. judges, legal representatives, and advocates). An online toolkit will be submitted for consideration to TAG. This toolkit will provide principles of good practice that conform to the MCA and CRPD, as well as guide value self-reflection amongst professionals to accord with the project's transparency agenda. Uptake of results and training guidelines will be promoted to presenters at the Judicial College, to be included in their presentations and seminars for judges nominated to sit in the CoP and other areas of the law where the effective participation of vulnerable witnesses is an issue. Workshops targeting legal representatives will also be developed and delivered. Suggested developments to the Equal Treatment Bench Book will be submitted for consideration to the Judicial Studies Board, with particular focus on the ethical, legal, and practical obligations to P and the process of value reflection that is suitable for judicial deliberation.
P3 will construct two policy recommendation documents based on our findings, to be submitted for consideration to the ad hoc Rules Committee of the Court of Protection and policy-makers at the Ministry of Justice. These will help initiate potential changes in current rules, policies, and legislation.
P4 engages with an international audience to disseminate our practical outputs beyond the domestic jurisdiction. The MCA is viewed as one of the most developed pieces of legislation of its kind, meaning our training tools, rules and policy recommendations will be transferable to other jurisdictions (i.e. Ireland, Australia, Singapore, USA). The confirmed inclusion of key international stakeholders in the AG will help such dissemination. Existing collaborative links with other legal jurisdictions amongst our team will also be pursued further.
P5 focuses on public engagement: the ultimate beneficiaries of practices compliant with the empowering ethos of the MCA and CRPD will be users of the CoP, such as P, P's family, and wider society. Service-user led groups, such as VoiceAbility Advocacy and PohWer, will be engaged in two ways: a representative from VoiceAbility will be part of the AG and our findings will also be disseminated through VoiceAbility's networks / social media and at PohWer's annual MCA conference. Through existing journalistic contacts with our research team, we will seek publication in media sources, such as BBC News, the Today Programme, and The Guardian, to promote the public interest viewpoint of our project, which will be served too through the maintenance of a project website and social media presence that includes publically accessible documents and educational videos.
Publications
Coggon J
(2021)
FROM BEST INTERESTS TO BETTER INTERESTS? VALUES, UNWISDOM AND OBJECTIVITY IN MENTAL CAPACITY LAW
in The Cambridge Law Journal
Cooper P
(2019)
Vulnerable adults in the Court of Protection
in Counsel
Kong C
(2020)
An Aide Memoire for a Balancing Act? Critiquing The 'Balance Sheet' Approach to Best Interests Decision-Making.
in Medical law review
Kong C
(2019)
Judging Values and Participation in Mental Capacity Law
in Laws
KONG C
(2022)
Justifying and practising effective participation in the Court of Protection: an empirical study *
in Journal of Law and Society
Kong C
(2019)
Constructing female sexual and reproductive agency in mental capacity law.
in International journal of law and psychiatry
Kong C
(2023)
The Phenomenology and Ethics of P-Centricity in Mental Capacity Law
in Law and Philosophy
| Description | The Judging Values and Participation in Mental Capacity Law project embarked on an ambitious programme of research about the role of values and participation amongst legal professionals, in a spirit of critical friendship towards the Mental Capacity Act 2005 in England and Wales and Court of Protection (CoP). This project has provided a research base for generating practice-relevant tools to help legal professionals negotiate difficult values conflicts in the CoP as well instil the importance of P's effective participation in legal proceedings. The project's guiding principle was the importance of fostering strategic partnerships with legal stakeholders within and beyond England and Wales, through two professional consultants and legal practitioners from 39 Essex Chambers and a project advisory board that involved international legal professionals, academics, and policy-makers. Core areas of concern for the project were: 1. The values embedded within the MCA's legislative framing; 2. The values that motivate and guide legal professionals' day-to-day practice and decision-making; 3. The justification and mechanisms for P's participation in legal proceedings; and 4. The values-based grounding for improved P-centric practices and decisions under the MCA. Significant new knowledge gained through the project include the following: (1) Professional motivation and identity-formation were closely connected to distinctive but common values and character traits that in professional identity and practice in the CoP, constituted by other-regarding motivation, interpersonal and communication skills, and a strong ethical grounding for advocating on behalf of individuals with cognitive impairments. (2) What it means to practise well according to the account of CoP professionals themselves revolved around abilities to focus on P's subjectivity and humanity as well as the cultivation of strong interpersonal skills and adept negotiation of conflicting values. (3) The indeterminacy of the MCA means that legal professionals engage with values constantly, ranging from their motivation to specialise in mental capacity law, their daily work conduct, and the substantive decisions that are ultimately made. (4) The legal and ethical significance of effective participation is reciprocal, humanising P to legal professionals, but also humanising legal professionals to P. (5) Key adjudicative mechanisms used in the deliberation of best interests decision-making in the CoP are ill-equipped to evaluate conflicting and incommensurable values with clarity and transparency. (6) The legal framework of the MCA contains incoherent principles that mean the standard of unwise decisions can often influence judicial deliberations in best interests decision-making. (7) The interpretation of values under the MCA requires moving beyond a simplistic binary of autonomy vs. welfare, particularly as this misinterprets the ethical obligations that are implied what it means to adopt a P-centric approach to best interest decision-making. (8) Legal professionals require and desire greater training around communication skills to facilitate the participation of P and the negotiation of difficult value conflicts. The Judging Values project sought to fill in these training lacunas through videos developed in partnership VoiceAbility (an advocacy charity for persons with autism and/or learning disabilities), persons with lived experience, and legal practitioners. |
| Exploitation Route | The Judging Values project recommends specific ways of advancing our research outcomes to foster improvements for professional practice in the CoP, international developments of mental capacity law, and future research. Recommendations for professional practice 1. Our research findings indicate that legal professionals in the CoP should aspire towards personal and professional reflexivity about values rather than complete impartiality. Judgments in the CoP, professional training and academic analyses of the mental capacity law should also encourage greater nuance in the language of values that instead of the tendency to reduce values to autonomy vs. welfare. 2. There is a need for specialised CPD programmes, such as around legal professionals' communication and interpersonal skills to enact the effective participation of P in legal proceedings, especially given the importance of interpersonal skills to explore P's wishes, feelings, beliefs, and values in best interests decision-making. International developments in mental capacity law and policy Critical reflection on domestic law and policy as well as envisaging the direction of future reform could benefit from cross-jurisdictional comparison of the values that are embedded in mental capacity legislations. Practice- and policy-related advancements that may tangibly improve the participation and empowerment of persons with disabilities require the close partnership and international collaboration between academic research and legal stakeholders. Two areas for future academic research include: • Research into the experiences of participation and decision-making amongst court users of the CoP (i.e. P and family members), particularly to cross-reference the accounts given by the participants of the Judging Values study. • Comparative explorations of culturally-specific values that impact on the implementation of mental capacity law, examining how values adopted across different jurisdictions can mutually enhance and improve practices and procedures on the ground. |
| Sectors | Education,Government, Democracy and Justice |
| URL | https://www.qmul.ac.uk/law/media/law/docs/research/Judging-Values-Final-Report.pdf |
| Description | During the period of 2019-2020, the Judging Values project has already emerging societal impact, due to our extensive professional engagement activities and publicity around the project. (1) During the course of interviews with legal practitioners, we have already encountered participants stating how the research questions and focus has led to deeper, more critical reflection on how they approach their work and the values framework which impacts how they approach mental capacity cases. (2) Practitioners who have attended talks discussing the rationale and theoretical framework of the project have tweeted about how the presentation about our research has caused greater reflection on how values affect their practice. Talks about the project have led practitioners to approach us, to be research participants in the project. (3) We have been invited to speak about our findings at various practitioner forums, including the Court of Protection Bar Association and CoPPA - a multi-disciplinary organisation whose aims are to consolidate good practice and develop good practice in the Court of Protection and in the implementation of the Mental Capacity Act 2005. During 2021 we completed the final phase of our empirical research. Over the course of our research we found practitioners highlight the absence of appropriate training about communication skills to persons with cognitive impairments to secure their effective participation in legal proceedings. In response to this need, we developed a Continuing Professional Development film ('Film 1') for Court of Protection practitioners, in partnership with VoiceAbility (VA), an advocacy organisation for persons with learning disabilities and autism. A consultation day with VA Speak Out Leaders who are experts by experience and solicitors was held on to discuss our research and generate ideas for the training video, to suit the needs of practitioners and ensure the skills taught in the video are appropriately attuned to the communicative needs of persons with learning disabilities. This workshop itself was a form of impact, insofar as it was a hugely important knowledge exchange forum where solicitors had felt they had not only benefitted from the project research, but also engagement with the expertise of the VA Speak Out Leaders. Surveys after the screening of the training video following a limited release indicated improved practical knowledge amongst legal practitioners. Since its release on YouTube, it has already been widely watched, disseminated, and endorsed by numerous practitioner forums, including through the Court of Protection Practitioners Association, The Advocate's Gateway, the 39 Essex Chambers Mental Capacity Newsletter, as well as with the President of the Japan Adult Guardianship Association. Having successfully created an impactful film underpinned by dialogue between academic research, experts with lived experience, and legal practitioners, the project team embarked on a second film ('Film 2') with VoiceAbility, their Speak Out Leaders, family members, and legal practitioners. The subject of the second film once again expressed the heart of this research project - the meaning and role of a person's 'values' when decisions about them are made in the Court of Protection. Films 1 & 2 were shown at the international project conference on Monday 20th June 2022, which was fully subscribed, with numerous well-known law firms and legal professionals in attendance, including numerous senior judges, both current and retired. The conference included a seminar about the making of Film 1 and the exclusive launch of Film 2. The conference provided the opportunity to bring both films to the attention of a wider, international audience as well as ensured our project findings were disseminated to a large number of influential legal professionals. Moreover, we completed our final project report that in November 2022 and this report was promoted via social media and Court of Protection practitioner publications and professional bodies. |
| First Year Of Impact | 2020 |
| Sector | Communities and Social Services/Policy,Government, Democracy and Justice,Other |
| Impact Types | Cultural,Societal,Policy & public services |
| Description | Continuing Professional Development (CPD) Film 1: Communication and Participation in the Court of Protection |
| Geographic Reach | Multiple continents/international |
| Policy Influence Type | Influenced training of practitioners or researchers |
| Impact | Prior to general release of Film 1 we surveyed members of the Court of Protection Practitioners Association ('COPPA') coupled with an exclusive viewing opportunity on Vimeo. The results of the survey showed that that the film achieves its intended aims. It increases practitioners' (1) knowledge of planning for a meeting with the person who is the subject of Court of Protection proceedings (2) understanding of the perspective of a person with autism/learning disability who is going to meet a Court of Protection lawyer and (3) knowledge of how best to communicate with a person who is the subject of Court of Protection proceedings. All those who completed the survey said they would 'definitely' recommend the training film to colleagues. Film 1 was launched on YouTube 15th November 2021: Communication and Participation in the Court of Protection By the beginning of March 2022 there were over 930 views, (in addition to up to 700 views on Vimeo pre general release). One solicitor said: 'The video is the most important video on technical practice I have ever seen. It really conveys how to improve communication with a protected party in the Court of Protection and I think it is going to revolutionise practice, thank you again.' Another commented: 'I found the film extremely informative. It was a real eye-opener to hear the three individuals speak about how they would feel going into a meeting with a lawyer and the things that a lawyer could do to make them feel more at ease. I also found the roleplay extremely useful. This was a brilliant film.' This film has also been shared with the President of Japan Adult Guardianship Association and the transcript has been translated in Japanese. The film was also disseminated and promoted at an important panel event in March 2022 involving court officials in Japan (including the Supreme Court). |
| URL | https://www.youtube.com/watch?v=WuEtw2rnqBw |
| Description | Making Values Matter in the Court of Protection CPD video |
| Geographic Reach | National |
| Policy Influence Type | Influenced training of practitioners or researchers |
| Impact | The change was discernible amongst the practitioners and persons with lived experience who were involved in the making of the video, where both groups highlighted the importance of the content. For persons with lived experience, it was the opportunity to be heard by a professional cohort; for the legal professionals, it was powerful to undertake the difficult process of thinking of values within the legal framing of the Mental Capacity Act 2005 in England and Wales. The video was also shared with the Director for International Affairs of the Supreme Court of Japan. |
| URL | https://www.youtube.com/watch?v=IfSmzITspzs |
| Description | ESRC Impact Acceleration Account |
| Amount | £14,347 (GBP) |
| Funding ID | ES/T501840/1 |
| Organisation | Economic and Social Research Council |
| Sector | Public |
| Country | United Kingdom |
| Start | 02/2022 |
| End | 06/2022 |
| Description | VoiceAbility partnership for training video |
| Organisation | VoiceAbility |
| Country | United Kingdom |
| Sector | Charity/Non Profit |
| PI Contribution | Our research team have brought our empirical findings, our intellectual expertise, and our professional links with solicitors and barristers. |
| Collaborator Contribution | VoiceAbility is an independent charity and one of the UK's largest providers of advocacy and involvement services for persons with learning disabilities. They have brought their contacts with experts by experience, as well as the substantive input and professional expertise of Julia Rutherford, a SpeakOut Council Coordinator, who facilitated the consultation day for the training video with the Judging Values project team, experts by experience as well as Court of Protection solicitors. VoiceAbility will also provide the relevant experts by experience and relevant support workers for the actual filming of the training video. |
| Impact | Outputs are ongoing and will be recorded at a future date. |
| Start Year | 2020 |
| Description | Article in Private Client Business Journal |
| Form Of Engagement Activity | A magazine, newsletter or online publication |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | The article is in the Elder Law section of the leading journal for legal practitioners involved with private client work. The article raises awareness about the Judging Values project and sets out the core questions to be explored in the project. It is part 1 of a 2-part article and the second part will be published in March 2020. This journal has a numerous and widespread circulation amongst solicitors practicing within England and Wales. |
| Year(s) Of Engagement Activity | 2020 |
| Description | CoPPA London event |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | Regional |
| Primary Audience | Professional Practitioners |
| Results and Impact | Approximately, 55 people attended including barristers, solicitors and IFA's and at this networking event a number of practitioners expressed their interest in the project. One barrister also sent an email the following day expressing his wish to be interviewed. Project cards were also handed out to all attendees. |
| Year(s) Of Engagement Activity | 2019 |
| Description | CoPPA West Midlands conference, Birmingham, 28 January 2020 |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | Regional |
| Primary Audience | Professional Practitioners |
| Results and Impact | 30 legal professionals attended the West Midlands CoPPA event. At the end of the talk, Rebecca Stickler (Research Fellow) was thanked by the head of West Midlands CoPPA and she described the talk as 'exceptional' and so interesting for practitioners. Comments by audience members highlighted the importance of the issues examined by the research project. Seven separate people also came up to Rebecca following the talk and expressed how interesting they found it. This included two committee members. As a result of the talk, the project team has been invited to speak at the National CoPPA conference which is due to be held in October 2020. One of the practitioners who spoke to Rebecca after the presentation commented on how she had taken a conference call on the way to the event and was thinking about that call during the presentation because it very clear how the professionals' different values were screaming down the phone. Rebecca's talk about the project was also mentioned on LinkedIn by a Court of Protection solicitor who attended the event, describing it as a 'brilliant and insightful seminar'. |
| Year(s) Of Engagement Activity | 2020 |
| Description | Counsel article about project |
| Form Of Engagement Activity | A magazine, newsletter or online publication |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | Our project co-I, Penny Cooper, drafted an article, titled 'Vulnerable adults in the Court of Protection' for Counsel magazine, a monthly Journal of the Bar of England and Wales which features items of relevance to all lawyers (particularly barristers) and those with an interest in the law. This article showcased the project, its rationale, importance, and aims. An invitation was also issued to practitioners who were interested in participating in the research interviews. This has led one chambers to have already reached out with prospective CoP practitioners who would like to be interviewed for the project. |
| Year(s) Of Engagement Activity | 2019 |
| URL | https://www.counselmagazine.co.uk/articles/vulnerable-adults-in-the-court-of-protection |
| Description | Court of Protection Bar Association event 28 May 2020, 'MCA decision-making in the time of Covid-19 in care homes and supported living' |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | This was an event designed to help spark reflection and guidance for Court of Protection practitioners and various health and social care professionals about "MCA decision making in the time of Covid-19 for those in care homes and supported living". Three members of the research team (Michael Dunn, Rebecca Stickler, and consultant Alex Ruck Keene) gave presentations at this event. The event was chaired by the Vice-President of the Court of Protection and there was significant interest in the talks. |
| Year(s) Of Engagement Activity | 2020 |
| Description | Court of Protection Bar Association membership, including attendance at the inaugural event and committee meetings |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | Regional |
| Primary Audience | Professional Practitioners |
| Results and Impact | CoPBA has approximately 100 members and is exclusively open to barristers. The committee is designed to ensure ongoing training and sharing of best practice amongst barristers by providing ongoing events and resource materials. Rebecca Stickler's involvement (the project Research Fellow) provides different platforms for the project to present about it work. There has been a positive responses form solicitors and barristers via emails and during ongoing networking with these practitioners. One email from a barrister stated the project was "fascinating and a much needed project". |
| Year(s) Of Engagement Activity | 2019 |
| Description | Durham CELLS research talk |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | Regional |
| Primary Audience | Other audiences |
| Results and Impact | Camillia Kong gave a research seminar at Durham CELLS (Centre for Ethics and Law in the Life Sciences) based on a draft project paper, 'Bridging Individual Autonomy and Best Interests: The Obligation of Moral Considerability in Mental Capacity Law'. Durham CELLS is an interdisciplinary research centre that brings together disciplines including law, anthropology, philosophy, sociology, theology and medicine to focus on the ethical, societal and regulatory aspects of the biosciences. The seminar was well attended with about 40 people, with a diverse audience from law, philosophy, and sociology, with participants including academics, practitioners and PGRs. The talk was well-received and sparked a lively academic debate. |
| Year(s) Of Engagement Activity | 2020 |
| Description | Mental Disability Law Seminar in Nottingham |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Postgraduate students |
| Results and Impact | There were 5 other people present who were post-doctoral students, early career researchers and one lecturer. The presentation of the Research Fellow, Rebecca Stickler, focused on how the project would assist in practice, using her experiences as a former practising barrister. The feedback was again very positive and helpful with all expressing the significance of the issues being explored by the project. |
| Year(s) Of Engagement Activity | 2019 |
| Description | No5 Chambers COP Seminar (Birmingham) |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | Regional |
| Primary Audience | Professional Practitioners |
| Results and Impact | About 90 people were in attendance including barristers, solicitors and independent advocates. Following the project presentation a number of practitioners approached us and spoke positively about the project and these discussions continued over lunch. Senior Judge Hilder also presented at the same conference. Two practitioners (one barrister, one solicitor) also emailed us following the conference to express their wish to be interviewed. |
| Year(s) Of Engagement Activity | 2019 |
| Description | No5 Chambers COP Seminar (Bristol) - 3 October 2019 |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | Regional |
| Primary Audience | Professional Practitioners |
| Results and Impact | An estimated 45 people were in attendance including barristers, solicitors and independent advocates. Following the project presentation, a number of practitioners approached us and spoke positively about the project. One social worker emphasised how "important" the work was and urged us to "keep going". |
| Year(s) Of Engagement Activity | 2019 |
| Description | Panel on Adult Guardianship (Japan) event |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Professional Practitioners |
| Results and Impact | Dr Kong was part of an expert panel following a lecture by former Senior Judge of the Court of Protection Denzil Lush. This event was hosted by the Supreme Court of Japan and included Supreme Court judges, legal practitioners, and court officials in Japan, and was designed to help inform professionals about the MCA and supported decision-making, to discuss potential learning points for them to take forward in their own guardianship framework. 107 professionals attended the event and our project's training video and research activities were referred to during the lecture and also during the Q and A discussion. |
| Year(s) Of Engagement Activity | 2022 |
| Description | Presentation at Mental Heath Network Conference 22 May 2020 |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Postgraduate students |
| Results and Impact | Members of the research team presented a paper, 'Best Interests Beyond the Law: Unwritten Judicial Decision-making in the Time of Covid-19' and was intended to disseminate the project and some of our research findings within a conference setting. |
| Year(s) Of Engagement Activity | 2020 |
| Description | Presentation of paper, Ethox/WEH Research Seminar 21 April 2020 |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | Local |
| Primary Audience | Postgraduate students |
| Results and Impact | Michael Dunn presented our joint research paper, ;An aide memoir for a balancing act? Arguing against the 'balance sheet' approach to best interests decision-making for adult', at a research seminar at Ethox/Wellcome Centre for Ethics and Humanities. The talk was intended to inform the audience about our project and generate feedback on one of our joint papers. |
| Year(s) Of Engagement Activity | 2020 |
| Description | Presentation on "Participation, Procedures, and Personal Values in Mental Capacity Law" at the Bristol Annual Learning Disabilities Conference, 22nd March, 2019 |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | Local |
| Primary Audience | Professional Practitioners |
| Results and Impact | This was a talk to an audience primarily comprised of practitioners attending the Bristol Annual Learning Disabilities Conference, 22nd March, 2019. The talk explained and allowed critical engagement with the legal and policy contexts within which their practice takes place, including explanations of the international legal context under which the domestic scheme may be evaluated, and outlining the project. |
| Year(s) Of Engagement Activity | 2019 |
| URL | https://www.eventbrite.co.uk/e/bristol-annual-ld-conference-2019-tickets-53851135195# |
| Description | Private Client (Elder Law) Journal article September 2020 |
| Form Of Engagement Activity | A magazine, newsletter or online publication |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | Rebecca Stickler wrote an article for the trade law journal, Private Client (Elder Law) Journal, which involved a 2 part series called 'The importance of values and participation in mental capacity law'. The purpose of this output was to make practitioners aware of the project, its aims, and its relevance to legal practitioners. |
| Year(s) Of Engagement Activity | 2020 |
| Description | Project stall at A Fair Hearing? The Voices of People with a learning disability and/or autism in the justice system in London |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Patients, carers and/or patient groups |
| Results and Impact | An estimated 150 people were in attendance for this conference focused on justice for persons with autism. The project consultant, Victoria Butler-Cole QC was part of the panel discussion. The majority of attendees were individuals with disabilities and their family members. A number of people attended the stall and spoke positively about the project and its intentions. A number of project cards were also handed out. |
| Year(s) Of Engagement Activity | 2019 |
| Description | Project twitter |
| Form Of Engagement Activity | Engagement focused website, blog or social media channel |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Professional Practitioners |
| Results and Impact | We began and have maintained a project twitter (@judgingvalues) since we began the project in November 2018. We have now accumulated 111 followers - most of them being legal practitioners within Court of Protection practice (some very influential) as well as academics working within mental capacity law. |
| Year(s) Of Engagement Activity | 2018,2019 |
| URL | https://twitter.com/judgingvalues |
| Description | Summer lecture at Birkbeck College 20 August 2020 |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | Local |
| Primary Audience | Postgraduate students |
| Results and Impact | Rebecca Stickler provided a lecture disseminating some provisional findings of the project, in a talk called 'Decision-Making in the Court of Protection 'needs a human element': Provisional Empirical Findings from the Judging Values Project', as part of the Birkbeck College Summer Lecture Series in the School of Law. There was significant interest in the project amongst students and colleagues who attended the lecture. |
| Year(s) Of Engagement Activity | 2020 |
| Description | Talk at Centre for Health, Law, and Society, University of Bristol |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | Regional |
| Primary Audience | Postgraduate students |
| Results and Impact | Camillia Kong gave a talk on the project as part of the CHLS seminar series. The event was well-attended by postgraduate students and academics and sparked interest in the project's research and outputs. |
| Year(s) Of Engagement Activity | 2020 |
| Description | Talk at the Medical Law and Ethics Discussion Group, Faculty of Law, University of Oxford |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | Local |
| Primary Audience | Postgraduate students |
| Results and Impact | Michael Dunn gave a talk on a paper on the 'balance sheet', emerging from theoretical work conducted in the project, as part of this discussion group in the University of Oxford. The event was well-attended by postgraduate students and academics and sparked interest in the project's research and outputs. |
| Year(s) Of Engagement Activity | 2020 |
| Description | Talk at the St Cross College Special Ethics Seminar Series |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Postgraduate students |
| Results and Impact | Michael Dunn gave a talk on a draft of the main empirical paper from the project as part of the St Cross Special Ethics seminar series. The event was well-attended by postgraduate students, academics, and legal practitioners. It sparked interest in the project's research and outputs. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.practicalethics.ox.ac.uk/event/mt21-st-cross-seminar-professor-mikey-dunn |
| Description | Webinar talk in Philosophy of Psychiatry for Canada Research Chair on Epistemic Injustice and Agency |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Postgraduate students |
| Results and Impact | Camillia Kong gave an online presentation based on a draft project paper, 'The Phenomenology and Ethics of P-Centricity in Mental Capacity Law'. The audience was International and there was interest in the paper as well as the project more generally within the Q and A. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.philosophyofpsychiatry.com |