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Week 3: Mental capacity and the law

Completion requirements
  1. 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
  2. Personal welfare and finances
  3. Medical treatment and medical research
  4. Protection from abuse or exploitation

 

  1. The Law Commission published 3 consultation papers, nos. 128, 129 and 130 putting forward a set of linked proposals
  2. 1995 Final report
  3. 1997 Green paper: Who decides?
  4. 1999 White paper: Making decisions
  5. 2003-04 draft Mental incapacity bill
  6. 2004 Bournewood HL v UK
  7. 2005 Mental Capacity Act

 

Scotland

  1. Early 1990s the Scottish Law Commission was charged with drafting 2 consultation documents
  2. 1999 Report on Incapable Adults
  3. 2000 Adults with Incapacity (Scotland) Act
  4. 2012 Scottish Law Commission discussion paper on Adults with Incapacity
  5. 2014 Scottish Commission report on Adults with Incapacity
  6. 2017 Scotland’s Mental Health and Capacity Law: the case for reform

Northern Ireland

  1. 2002 to 2007 Bamford Review
  2. 2007 Bamford report published
  3. 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
  4. 2010 further consultation on the Bill
  5. 2016 Mental Capacity Act (Northern Ireland)
  6. Implementation planned for 2020