The Fusion Approach to Mental Capacity Law in Northern Ireland: Possibilities and Challenges

Abstract

This chapter focuses on the development and implementation of capacity-based law in Northern Ireland. The Mental Capacity Act (Northern Ireland) 2016, when it is fully implemented, will provide a capacity-based framework for decision making and will replace the current mental health law for everyone aged 16 and over. The chapter explores aspects of the Northern Ireland context that may have contributed to this approach being taken. It considers how participation and values influenced and informed the development of the Act and how they are promoted in the contents of the Act. The chapter also identifies some of the ongoing debates about this new approach, including the exclusion of those aged under 16 and some of the complex interfaces with criminal justice issues. The need to evaluate whether the new Act is effective in achieving its aim of more effectively promoting and protecting the rights of everyone whose ability to make decisions may be impaired is also highlighted.