Abstract

Gordon Ashton draws on his experience as a parent and a judge to consider the relevance of deprivation of liberty safeguards in the context of the care of adults who lack capacity to make their own decisions but need constant supervision, and then outlines his perspective as a potential consumer of the mental capacity jurisdiction.

Highlights

  • A comprehensive mental capacity jurisdiction was established for England and Wales on 1st October 2007 when the Mental Capacity Act 2005 was implemented

  • Our son Paul was a strapping lad over 6 feet tall with no physical impairments, but he had grown up with severe learning disabilities and challenging behaviour that made him increasingly difficult to manage

  • I conclude this contribution with the words that I have used in many of my lectures over these years: “The structure is there but it all depends on how we, the lawyers and other professionals, implement the legislation – pragmatic or legalistic?”

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Summary

INTRODUCTION

A comprehensive mental capacity jurisdiction was established for England and Wales on 1st October 2007 when the Mental Capacity Act 2005 was implemented. It is to these two different procedures that I refer in this article

A PARENT’S PERSPECTIVE
A DISTRICT JUDGE’S PERSPECTIVE
A RETIRED LAWYER’S PERSPECTIVE
CONCLUSION

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