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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

24:37

Children in complex situations at risk of deprivation...

Mental Capacity Matters with Alex Ruck Keene ·

2025/11/25

In this ‘in conversation’ with, I talk to Dr Susannah Bowyer, Deputy Director at Research in Practice, about the recentresearch paperpublished by Research in Practice and the National Children’s Bureau (commissioned by DfE) entitled (snappily)Improving the outcomes of looked-after children and young people in complex situations with multiple needs, at risk or subject to a Deprivation of Liberty.Spoiler alert, we do not spend a great deal of time on the technicalities of deprivation of liberty, but

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26:09

50 years in mental health and capacity law – in...

Mental Capacity Matters with Alex Ruck Keene ·

2025/11/19

In this ‘in conversation with,’ I talk to Peter Edwards, a solicitor who has just passed his 50 year mark working in mental health (and, since it became a ‘thing,’ mental capacity law), and who has had quite the most extraordinarily varied and significant impact in ways that you might not be aware of.The article that I mention which sets out some of the things that he has done ishere, but we use the time to reflect on what has changed for the good, for the bad, and on the ways in which the law helps

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24:13

Is mental capacity law law? In conversation with...

Mental Capacity Matters with Alex Ruck Keene ·

2025/11/19

In this ‘in conversation with,’ I talk toProfessor John Coggonabout his – deliberately! – provocative new paperIs Mental Capacity Law Law?.We think about what ‘law’ means in this context, and what judges are doing in legal terms when they are judging in the Court of Protection.And I charge John with nihilism…The original video is here.

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22:49

The CRPD, the state and civil society – in...

Mental Capacity Matters with Alex Ruck Keene ·

2025/09/25

In this ‘in conversation with,’ I talk toProfessor Peter Bartlettabout his article “Beyond the liberal subject: challenges in interpreting the CRPD, and the CRPD’s challenges to human rights,” and discuss how the CRPD challenges conventional civil and political rights, the implications for the role of the state (and what happens if the state is not benign), and what the CRPD requires of civil society.As Peter notes, the article forms part of aspecial editionof the Human Rights Law Review on the CRPD

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31:10

Capacity assessment and conversation analysis – in...

Mental Capacity Matters with Alex Ruck Keene ·

2025/03/15

In this ‘in conversation with,’ I talk toJess Foulkes,Dr Suzanne BeekeandDr Anna Volkmerabout their paper in the International Journal of Language & Communication Disorders,Using Conversation Analysis to explore assessments of decision-making capacity in a hospital setting.We explore what ‘conversation analysis,’ means, and how it helps shed light on the process of capacity assessment.We also think about the implications for training and further research.(Note, there is a good cat intervention –

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25:41

Mental health, capacity and children - in discussion...

Mental Capacity Matters with Alex Ruck Keene ·

2025/02/24

In this 'in discussion with,' I talk to Professor Anne-Maree Farell and Dr Patrick Hann, two of the co-authors of this paper recently published in the Medical Law Law Review, "Mental health and capacity laws in Northern Ireland: examining the position of children and young people." We examine the (complex) story of law reform in this area in Northern Ireland, think about unfinished business, and reflect on the Northern Ireland experience as a case study for other jurisdictions.For the original

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25:20

Mental capacity law, sexual relationships and...

Mental Capacity Matters with Alex Ruck Keene ·

2024/10/27

In this ‘in conversation’ with, I talk toProfessor Beverley CloughandDr Laura Pritchard-Jonesabout the edited collection that they have recently pulled together on Mental Capacity Law, Sexual Relationships and Intimacy.We talk about the background to the book, including theJBcase, and the different perspectives that it brings to the – possibly? – intractable problems that are encountered when the law reaches into the bedroom.For the original video, see here: Mental capacity law, sexual relationships

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22:40

Palliative care, choices and honesty - in...

Mental Capacity Matters with Alex Ruck Keene ·

2024/10/23

In this 'in conversation' with, I talk to Dr Victoria Bradley, Clinical Lead for and Consultant in Palliative Medicine, Oxford University Hospitals NHS Foundation Trust, about choices in palliative care, honesty in discussions and the allocation of responsibilities between doctors and patients (and attorneys).For the original video, see here: Palliative care, choices and honesty – in conversation with Dr Victoria Bradley – Mental Capacity Law and Policy

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41:59

Disabled Children's Social Care: Law Commission...

Mental Capacity Matters with Alex Ruck Keene ·

2024/10/16

The Law Commission published its consultation paper on disabled children's social care on 8 October. I am a consultant to the project.In addition to the various other ways in which to get yourself up to speed with the consultation, I have recorded a walkthrough. The original video walkthrough is here: Disabled children’s social care law in England – the Law Commission consults – Mental Capacity Law and Policy

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17:43

Two lives of a Mental Capacity Act – in conversation...

Mental Capacity Matters with Alex Ruck Keene ·

2024/10/14

In this ‘in conversation’ with, I talk toHillary Chuaof the National University of Singapore about arecent articlein the Medical Law Review that she has co-authored with Camillia Kong and Michael Dunn, looking at how essentially identical mental capacity legislation in Singapore and England & Wales has had very different lives in both jurisdictions.We also think about different jurisdictions can learn from each other, for instance in how to approach capacity and in context and the interaction

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21:26

Conflict (and conflict avoidance) in the ICU – in...

Mental Capacity Matters with Alex Ruck Keene ·

2024/09/18

In this ‘in conversation with’, I talk toDr Harleen Kaur Johal, a doctor and PhD candidate, about her research as part of the BABEL project into conflict in the ICU.We discuss her interviews with patients, their family members / representatives and clinicians, and think about some of the ways in which conflicts can arise, how they can be managed, and issues which can arise when people seek to avoid conflict.For the original video, see here: Conflict (and conflict avoidance) in the ICU – in

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28:19

The police and the Mental Capacity Act 2005 - in...

Mental Capacity Matters with Alex Ruck Keene ·

2024/09/09

In this 'in conversation with', I talk to the very recently retired police officer, Michael Brown - the Mental Health Cop, about the police, the MCA 2005, the red herring of 'capacity to commit criminal offences,' and the complexities of emergency situat

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22:40

Learning disability, access to justice, and the role...

Mental Capacity Matters with Alex Ruck Keene ·

2024/09/08

In this 'in conversation' with Professor Rosie Harding, we talk about the Co-Producing Accessible Legal Information (COALITION) Project, which has recently published its concluding report (and accompanying Easy Read version). We talk both about how to conduct co-produced research, the barriers to accessing justice for those with learning disabilities, and how lawyers can help begin to play their part.For the original video, see here.

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26:58

Safeguarding Adults Reviews – themes and implications...

Mental Capacity Matters with Alex Ruck Keene ·

2024/07/22

In this ‘in conversation’ with, I talk toProfessor Michael Preston-Shootabout the second national analysis of safeguarding adults reviews he recently led withProfessor Suzy Braye.We talk about the background and context, and he draws out some of the key themes, before we conclude with asking whether SARs actually achieve anything.The three reports coming from the analysis can be found here: Stage 1:Case characteristics; nature of the abuse and neglect; SAR reviewing processStage 2:Analysis of

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28:46

Decision-making capacity and mental health law – the...

Mental Capacity Matters with Alex Ruck Keene ·

2024/06/27

In this ‘in conversation with’, I talk toJacob Jorem, a Norwegian psychiatrist, lawyer and researcher, about the Norwegian experience introducing decision-making capacity into (at least part of) mental health law, why the result of a process designed to reduced coercion was a very significant increase in the number of involuntary orders made, and how to assess why and how legal changes impact on practice.Two articles explaining the Norwegian experience can be found here.Impact of introducing

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26:17

Life in the balance in ITU – in conversation with Dr...

Mental Capacity Matters with Alex Ruck Keene ·

2024/06/06

In this “in conversation with”, I talk to Dr Jim Down about a whole host of matters related to intensive care, inspired by his recent book,Life in the Balance.We cover the realities of being in ICU, the interaction between law and ethics, and get into a discussion about the need for honesty about resource allocation (including touching on this paper about deliberative democracy and triage).For the original video, see here.

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24:02

How is the Mental Capacity Act faring? In...

Mental Capacity Matters with Alex Ruck Keene ·

2024/03/13

To mark 10 years since the publication of the report of the House of Lords select committee convened to conduct post-legislative scrutiny of the Mental Capacity Act 2005, Dr Margaret Flynn, Chair of the National Mental Capacity Forum, joins me in the shed. Our conversation examines where the Act came from, and how we are (or are not) making progress in making it an Act which matters.For the original video, see here.

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28:37

Assisted dying / assisted suicide – an informer

Mental Capacity Matters with Alex Ruck Keene ·

2024/03/12

In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good)reporton assisted dying / assisted suicide on 29 February 2024 and as a modest contribution to informing debate about these issues, I have recorded an ‘informer,’ in which I give an overview of the current law in England & Wales and worldwide, set out some of the reasons why people might want change, and some reasons why people are concerned about it, and then look at what the European

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21:29

How to compare mental health and mental capacity...

Mental Capacity Matters with Alex Ruck Keene ·

2024/02/01

In this ‘in conversation with’Professor Gavin Davidson, we discuss the new paper that he has co-authored, entitledComparing mental health and mental capacity law data across borders: Challenges and opportunities, think about what data is actually useful, and use the example of the island of Ireland to dig into striking differences of approach.The original video is here. (The ‘purpose’ clause that we discuss which featured in the report of the Independent Review of the MHA 1983 features at page 67

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23:53

Mental health, coercion, lived experience and what is...

Mental Capacity Matters with Alex Ruck Keene ·

2023/12/21

In the last 'in conversation' of 2023, I talk to Graham Morgan about his perspective on coercion in mental healthcare, what 'lived experience' means, and what is truly important in the mental health context.For the original video, see here.

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