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PODCAST

Mental Capacity Matters with Alex Ruck Keene

Alex Ruck Keene

This podcast looks at matters mental capacity related. It features conversations between Alex Ruck Keene, a specialist barrister at 39 Essex Chambers, and a whole host of people with different perspectives on mental capacity questions. It also features audio versions of the "shedinars" that Alex delivers about key topics in mental capacity law, full versions of which (with slides) can be found here: https://www.mentalcapacitylawandpolicy.org.uk/shedinars/. (Boring but necessary caveat: nothing

education

All Episodes

18:12

Charging, the Care Act and capacity – in conversation...

Mental Capacity Matters with Alex Ruck Keene ·

2023/12/08

In this ‘in conversation with,’ I am joined by my colleague at 39 Essex Chambers,Arianna Kelly, to talk about her new book,Social Care Charging, and then to look at the issues which arise where decisions about charging and care planning are taking place in relation to those with impaired decision-making capacity.For the original video, see here. A review of Arianna’s book can be found in the December 2023 Mental Capacity Report, availablehere.

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29:29

The Routledge Handbook of Mental Health Law – in...

Mental Capacity Matters with Alex Ruck Keene ·

2023/11/27

In this ‘in conversation’ with, I talk to the editors of the newRoutledge Handbook of Mental Health Law, ProfessorsBrendan KellyandMary Donnelly, about the genesis and scope of, and insights, from the book.We discuss, amongst other matters, the concepts of mental illness, lived experience, and the scope of the idea of ‘mental health law.’For the original video, see here. Full disclosure, I contributed a chapter to the book with Dr Katherine Reidy (on decision-making capacity in mental health

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26:40

Moving beyond autonomy: the indivisibility of rights...

Mental Capacity Matters with Alex Ruck Keene ·

2023/11/07

In this ‘in conversation with’Dr Julia Duffy, we discuss her new book, the indivisibility of rights, and how we might move beyond a focus on autonomy in the context of cognitive impairment to get a richer understanding of personhood.The original video can be found here. Julia’s book is calledMental Capacity, Dignity and the Power of International Human Rights, and is availablehere.

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23:50

Questioning our presumptions about the presumption of...

Mental Capacity Matters with Alex Ruck Keene ·

2023/10/20

In this ‘in conversation’ with, I talk toIsabel AstrachanandDr Scott Kimabout the paper we recently published together looking at the ways in which the presumption of capacity in the Mental Capacity Act 2005 (and many other equivalent legislative frameworks in other countries) can be misunderstood, and why ‘suspending’ the presumption in the face of legitimate reason to be concerned about a person’s ability to make a decision is not only the legally, but also the ethically correct thing to do.For

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24:03

Insight and mental health care: the perspective of...

Mental Capacity Matters with Alex Ruck Keene ·

2023/09/09

In this ‘in conversation’ with, I talk toDr Magda Furgalskaabout her research into people's lived experiences of ‘insight’ in the context of (often compulsory) mental health care, and we explore also whether and how it might be possible to move away from reliance upon a concept which finds no formal place in the law.For the original video, see here.

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42:27

The mental capacity and mental health law and policy...

Mental Capacity Matters with Alex Ruck Keene ·

2023/08/24

As (for some at least) a summer break is starting to come to an end, I have recorded a version of a talk that I gave to the Essex Autonomy Project’s 2023Summer School, taking stock of the mental capacity and mental health law and policy landscape as at August 2023.Its primary focus is on England & Wales, but it also includes developments in the UK and further afield, including thinking about the implications of the French language version of Article 19 CRPD providing not for ‘living

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24:07

Self-binding directives: the view from Europe – in...

Mental Capacity Matters with Alex Ruck Keene ·

2023/07/27

In this ‘in conversation with’, I talk toDr Matthé Scholtenabout self-binding directives, coercion in mental health treatment and how to characterise treatment that is in line with a person’s will but not their current preferences.For the original video, see here. Details of the SALUS project Matthé is working on can be foundhere.Three articles describing matters discussed in the conversation in more detail are:Scholten, M., S. Efkemann, M. Faissner, M. Finke, J. Gather, T. Gergel, L. van der Ham,

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22:47

Forensic medical examination and adults at risk of...

Mental Capacity Matters with Alex Ruck Keene ·

2023/07/05

In this ‘in conversation’ with, I talk to Dr Elisabeth Alton about the pilot forensic service to support safeguarding adults that she has led on, designed to provide an examination service for adults at risk of harm who may have suffered a non-accidental injury as a result of physical abuse or neglect.For the original video, see here. Details of ‘Adult A’s’ case that Elisabeth talks about at the start of the video can be foundhere(and we can confirm that Adult A’s family are aware of, and happy with

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24:19

Interpersonal influence and decision-making capacity...

Mental Capacity Matters with Alex Ruck Keene ·

2023/06/19

In this ‘in conversation with’, I talk toDr Kevin Ariyoabout the research that he led (as part of the as part of the Mental Health & Justice Project) into interpersonal influence and decision-making capacity, focusing on the way in which this issue has played out in the courts, and asking what the research might tell us about how we can think better about this area. For the original video, see here.

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21:08

Advance choice documents – turning research into...

Mental Capacity Matters with Alex Ruck Keene ·

2023/06/02

In this – the 50th! – ‘in conversation’ with, I talk to Abiy Babatunde, research assistant on the Advance Statements for Black African and Caribbean (AdStaC project), which seeks to improve Black service users’[1]experiences in mental health services in South London by co-producing and testing an advance choice implementation resource with Black service users, mental health professionals and carers/supporters of Black service users.Abiy explains how the research came out, how it has been developed,

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18:41

Refusing food in prison - in conversation with Donna...

Mental Capacity Matters with Alex Ruck Keene ·

2023/05/22

In this 'in conversation with', I talk to Donna Phillips, Head of Safeguarding at Spectrum Community Health CIC, about the challenges that arise where prisoners refuse food, and about her research leading to a new toolkit to help work through the dilemmas that arise.For the original video, see here.

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25:15

Islam, capacity and best interests – in conversation...

Mental Capacity Matters with Alex Ruck Keene ·

2023/05/03

In this 'in conversation with,' I talk to Siddiq Diwan, Imam and Lead Muslim Chaplain at the Manchester University Hospital Foundation Trust (and Vice Director of the Ethics Council at The British Islamic Medical Association). I learn something of the Islamic perspective on the concepts of capacity and best interests, and think with him about navigating some of the complexities of these issues in the medical treatment context.For the original video, see here.

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21:27

Supported decision-making – the principles and the...

Mental Capacity Matters with Alex Ruck Keene ·

2023/03/27

In this ‘in conversation with,’ I talk toProfessor Shih-Ning Thenabout supported decision-making, exploring the meaning of the term, how it is understood and what it might mean in different contexts, in the context of a hugely importantreporton the subject she has contributed to for the Living Disability Research Centre at La Trobe University, commissioned by the Australian Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.The website and e-learning materials

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23:29

Capacity and organ donation – the complexities and...

Mental Capacity Matters with Alex Ruck Keene ·

2023/03/23

In this ‘in conversation with,’ I talk toBonnie Venterabout her work investigating the complexities of living organ donation in England & Wales, and think about the issues caused where either the proposed donor or the potential recipient has impaired decision-making capacity.The paper Bonnie and I discuss, published in the Journal of Medical Ethics, and prompted by the case ofWilliam Verden, can be foundhere(it is behind a paywall but if you ask nicely I am sure we can help).The paper that we

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23:50

Supporting decision-making and reducing coercion in...

Mental Capacity Matters with Alex Ruck Keene ·

2023/03/03

In this ‘in conversation with’ across time zones, I talk to Dr Piers Gooding about his work in relation to supported decision-making and the work that he has been involved in drawing together concrete evidence of steps that can be take to reduce (or prevent) coercion in mental health care.Drawing on his experiences, we think about incremental vs ‘big bang’ approaches to reform.For the original video, see here.

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26:50

Alcohol Related Brain Damage and capacity – in...

Mental Capacity Matters with Alex Ruck Keene ·

2023/02/20

In this ‘in conversation’ with, I learn from (retired)Professor Ken WilsonandDr Julia Lewisabout Alcohol Related Brain Damage and its often subtle impacts upon mental capacity.We also discuss when and why thinking about capacity to manage alcohol is actually useful in the abstract.For the original video, see here.

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24:12

Advance directives across Asia - in conversation with...

Mental Capacity Matters with Alex Ruck Keene ·

2023/02/09

In this 'in conversation' with, I learn about the background to the new book co-edited by Daisy Cheung and Michael Dunn,Advance Directives Across Asia:A Comparative Socio-legal Analysis(available as a free ebook here). We discuss the challenges of undertaking comparative research in relation to such a diverse group of jurisdictions (see here for a slide setting out the countries covered, and the types of approach that they have), and I cruelly put both of them on the spot to highlight jurisdictions

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23:57

A long-term perspective in capacity: in conversation...

Mental Capacity Matters with Alex Ruck Keene ·

2023/01/31

In the most recent (slightly snuffly) in conversation, I talk to Dr Janet Weston about her fascinating bookLooking after Miss Alexander: Care, Mental Capacity, and the Court of Protection in Mid-Twentieth-Century England(available for free here). I learn what led her to tell Miss Alexander's story, what that story tells us about approaches to capacity in the middle of the 20th century, and what it might have to tells us to thinking about contemporary dilemmas.For the original video, see here.

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17:17

Powers of Attorney Bill – what changes would it make...

Mental Capacity Matters with Alex Ruck Keene ·

2023/01/27

In May 2022, the Ministry of Justice indicated in its response to theModernising Lasting Powers of Attorney consultationthat it intended to bring forward primary legislation to amend the MCA 2005 to reform a number of key provisions relating to LPAs.Stephen Metcalfe MP introduced in December a Private Members’ Bill, thePowers of Attorney Bill 2022, which has government support, and has progressed beyondsecond reading.In this podcast, I do a short walkthrough of the Bill and some of the key changes

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24:34

Draft Mental Health Bill – the Parliamentary scrutiny...

Mental Capacity Matters with Alex Ruck Keene ·

2023/01/19

The Joint Committee on theDraft Mental Health Billhas today (19 January 2023) published itspre-legislative scrutiny reporton the draft Bill. This podcast is a walkthrough of its conclusions and recommendations. For the original video, see here.

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