Abstract
<p>This article is based on a lecture delivered by Professor Ashton at the North East Mental Health Law Conference 2006. In it he addresses the challenges faced by the new Court of Protection in four specific areas: care delivery, discrimination, access to justice and human rights.</p>
Highlights
In this short talk I do not propose to consider the entire new jurisdiction established by the Mental Capacity Act 2005
You can read that for yourselves, and I commend to you Mental Capacity: the new law published by Jordans (2006), not least because I had a hand in it
Instead I wish to address the challenges faced by the new Court of Protection in four specific areas: care delivery, discrimination, access to justice and human rights
Summary
In this short talk I do not propose to consider the entire new jurisdiction established by the Mental Capacity Act 2005. The previous climate In the past, care was generally provided by members of the family who had to cope with whatever support happened to be available. If they could not cope, the state provided institutional care and people with mental disabilities were generally hidden from society. A new social climate A policy of community care has been introduced. This means different things to different people, but in essence it promotes care in the community with an assessment of needs and provision to meet those needs. The policy does involve a degree of responsibility moving from the family to the state
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