Week 3: Mental capacity and the law
- 1993, The Law Commission 1989 the Government asked the Law Commission to undertake a review of the legal issues in relation to adults who lacked mental capacity
- Personal welfare and finances
- Medical treatment and medical research
- Protection from abuse or exploitation
- The Law Commission published 3 consultation papers, nos. 128, 129 and 130 putting forward a set of linked proposals
- 1995 Final report
- 1997 Green paper: Who decides?
- 1999 White paper: Making decisions
- 2003-04 draft Mental incapacity bill
- 2004 Bournewood HL v UK
- 2005 Mental Capacity Act
Scotland
- Early 1990s the Scottish Law Commission was charged with drafting 2 consultation documents
- 1999 Report on Incapable Adults
- 2000 Adults with Incapacity (Scotland) Act
- 2012 Scottish Law Commission discussion paper on Adults with Incapacity
- 2014 Scottish Commission report on Adults with Incapacity
- 2017 Scotland’s Mental Health and Capacity Law: the case for reform
Northern Ireland
- 2002 to 2007 Bamford Review
- 2007 Bamford report published
- 2009 proposed a framework Department of Health, Social Services and Public Safety: comprehensive legislative framework to cover mental capacity and mental health, a capacity based fusion approach
- 2010 further consultation on the Bill
- 2016 Mental Capacity Act (Northern Ireland)
- Implementation planned for 2020