The Mental Capacity Act (Northern Ireland) 2016 has been broadly welcomed by the College, particularly its principles-based approach which emphasises respect for autonomy and non-discrimination.
There are two legal strands dealing with treatment without consent – common law and mental health law. Anyone with a physical disorder has a right to refuse unless they lack decision-making capacity - in which case a best interests principle applies. Those with a mental disorder can be treated against their wishes and this is a profound difference in the principles governing the treatment of physical and mental disorders.
However, we recognise that the Act will face challenges and have established a Working Group to help influence the Code of Practice using a scenario-based approach. This will enable the College to submit a robust and evidence-based response as the Code evolves.
We now have a dedicated webpage for the MCA which will serve as a local resource. Please send us your contributions. Responses will feature on the Members' Section of the webpage in a private area where you will also have access to the Draft Code as it progresses.
For further details, email firstname.lastname@example.org.
- Mental Capacity Act (NI) 2016
- Mental Capacity Regulations 2017
- Research papers published by the Ad Hoc Joint Committee to Consider the Mental Capacity Bill.
- Dr Liz Dawson's CPD Blog on Law Society's Inaugural Elder Law Conference - Nov 2017
- Dec 2017 Psychiatric Bulletin Article on MCA (NI) 2016 by Drs G Lynch, C Taggart & P Campbell
- Dec 2017 Psychiatric Bulletin Article on Mental Health Law across the UK by Dr T Zigmond
- Presentations AM & PM taken from MCA (NI) 2016 Spring Meeting - 22 March 2018 - Waterfront Hall
- Law Society of NI "The Writ" Issue 228 at pages 19 & 20 for Article by C Gillespie BL on Vulnerability, including reference to MCA (NI ) 2016
- in May 2018 BJ Psych Advances (Volume 24, Issue 3) at ps 195-203 entitled “Fusion legislation and Forensic Psychiatry: the Criminal Justice provisions of the Mental Capacity Act (NI) 2016” by Dr Phil Campbell & Prof Keith Rix
- Mental Illness, Human Rights and the Law Brendan D. Kelly
- No Longer ‘anomalous, Confusing And Unjust’: The MCA (NI) 2016
- The Elder Journal - A brave new (fused) world? The draft Northern Irish Mental Capacity Bill - Dr Catherine Taggart