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Summer Research Series: Decision-making in the Court of Protection 'needs a human element': Provisional empirical findings from the Judging Values Project

Venue: Online, Online

This event has ended.

The Mental Capacity Act 2005 establishes a comprehensive legal framework for making decisions on behalf of individuals who lack mental capacity (P), including a best interests framework which is intended to place P at the very heart of all decision-making. Tensions can arise between this P-centric ethos and the best interests standard, with decisions requiring the negotiation of conflicting values. Rebecca explores the role of values in decision-making about P in Court of Protection cases, including decisions about P’s best interests and how P participates in legal proceedings. These questions are the focus of investigation in an AHRC- funded project called Judging Values and Participation in Mental Capacity Law. The discussion will present provisional empirical findings arising from qualitative interviews with legal practitioners and retired judges, which reveal the importance of the ‘human element’ in negotiating difficult value conflicts.

Rebecca Stickler is a Research Fellow at Birkbeck’s Institute for Crime & Justice Policy Research. Prior to commencing this role, she practised as a barrister specialising in Court of Protection and Public Law.


School of Law Summer Research Series

This event is part of a series of live online events hosted by Birkbeck's School of Law over the coming weeks, showcasing the wide range of research undertaken by the Departments of Law and Criminology, as well as the Institute for Crime & Justice Policy Research (ICPR).

The Summer Research Series will feature a number of researchers sharing their latest research with the public through live webinars.

You can sign-up to the events using the links below. Links to access the events will be sent out in due course. The events will be hosted using the free to access website Blackboard Collaborate.

Monday 24th August Financial stability vs private law? (Dr Guido Comparato)

Thursday 27th August The ‘Facing all the Facts Project’ - understanding and improving the hate crime reporting and recording 'system' in Europe (Joanna Perry)

Monday 31st August The paradoxes of the right of peoples to self-determination: from Marx, Engels and Lenin to the Chagos Islanders Case in 2019 (Professor Bill Bowring)

Monday 7th September Royal Divorce: Taking Melodramas Seriously (Professor Daniel Monk)

Thursday 10th September A Passion for Ignorance (Professor Renata Salecl)

Thursday 24th September Policy and Resistance (Dr Rachael Dobson)

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