Assessing Mental Capacity and Fitness to Plead in Offenders with Intellectual Disabilities

2017 ◽  
pp. 172-197
Author(s):  
Leam A. Craig ◽  
Ian Stringer ◽  
Roger B. Hutchinson
Keyword(s):  
Intellectual Disabilities ◽  
Mental Capacity

Poor adherence to the mental capacity act and premature death

2014 ◽  
Vol 16 (6) ◽  
pp. 367-376 ◽  
Author(s):  
P. Heslop ◽  
P. Blair ◽  
P. Fleming ◽  
M. Hoghton ◽  
A. Marriott ◽  
...  
Keyword(s):  
Decision Making ◽  
Intellectual Disabilities ◽  
Mental Capacity ◽  
Content Type ◽  
Premature Deaths ◽  
Sequence Of Events ◽  
Resuscitation Guidelines ◽  
Decision Making Processes ◽  
People With Intellectual Disabilities ◽  
Mental Capacity Act

Purpose – The purpose of this paper is to report the findings of the Confidential Inquiry into premature deaths of people with intellectual disabilities (CIPOLD) in relation to the Mental Capacity Act (England and Wales) (MCA) 2005. Design/methodology/approach – CIPOLD reviewed the deaths of all known people with intellectual disabilities (ID) aged four years and over who had lived in the study area and died between 2010 and 2012. Findings – The deaths of 234 people with ID aged 16 years and over were reviewed. There were two key issues regarding how the MCA was related to premature deaths of people with ID. The first was of the lack of adherence to aspects of the Act, particularly regarding assessments of capacity and best interests decision-making processes. The second was a lack of understanding of specific aspects of the Act itself, particularly the definition of “serious medical treatment” and in relation to Do Not Attempt Cardiopulmonary Resuscitation guidelines. Research limitations/implications – CIPOLD did not set out to specifically evaluate adherence to the MCA. It may be that there were other aspects relating to the MCA that were of note, but were not directly related to the deaths of individuals. Practical implications – Addressing the findings of the Confidential Inquiry in relation to the understanding of, and adherence to, the MCA requires action at national, local and individual levels. Safeguarding is everyone's responsibility, and in challenging decision-making processes that are not aligned with the MCA, the authors are just as effectively protecting people with ID as are when the authors report wilful neglect or abuse. Originality/value – CIPOLD undertook a retrospective, detailed investigation into the sequence of events leading to the deaths of people with ID. To the authors’ knowledge, this is the first time that such research has associated a lack of adherence to the MCA to premature deaths within a safeguarding framework.

scholarly journals Mental capacity to consent to research? Experiences of consenting adults with intellectual disabilities and/or autism to research

2017 ◽  
Vol 45 (4) ◽  
pp. 230-237 ◽  
Author(s):  
Jahnese Hamilton ◽  
Barry Ingham ◽  
Iain McKinnon ◽  
Jeremy R. Parr ◽  
Louise Yuen-Chong Tam ◽  
...  
Keyword(s):  
Intellectual Disabilities ◽  
Mental Capacity ◽  
Research Experiences ◽  
Capacity To Consent ◽  
Adults With Intellectual Disabilities

scholarly journals Residence capacity: its nature and assessment

2015 ◽  
Vol 21 (5) ◽  
pp. 307-312 ◽  
Author(s):  
Julian C. Hughes ◽  
Marie Poole ◽  
Stephen J. Louw ◽  
Helen Greener ◽  
Charlotte Emmett
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Mental Disorders ◽  
Intellectual Disabilities ◽  
Mental Capacity ◽  
Basic Information ◽  
People With Dementia ◽  
The Individual

SummaryThis article discusses the importance of residence capacity – an individual's mental capacity to decide where they should live – and suggests how it should be assessed. People with dementia or intellectual disabilities, as well as those with other mental disorders, are sometimes required to make this decision. Assessments of capacity must be conducted with considerable care, given the implications for the individual and for their human rights. The assessment must be objective and functional: the assessor must be able specifically to demonstrate a lack of decision-making ability. Yet assessments of capacity still require evaluative decisions to be made. We suggest some basic information that should be conveyed to the person faced by the prospect of a change of residence where there is a doubt about capacity.

Including adults with intellectual disabilities who lack capacity to consent in research

2012 ◽  
Vol 19 (4) ◽  
pp. 558-567 ◽  
Author(s):  
Julie Calveley (née Clark)
Keyword(s):  
Intellectual Disabilities ◽  
Mental Health Problems ◽  
Head Injuries ◽  
Well Being ◽  
Mental Capacity ◽  
Capacity To Consent ◽  
Ethical Implications ◽  
Mental Capacity Act 2005 ◽  
Adults With Intellectual Disabilities ◽  
Mental Capacity Act

The Mental Capacity Act 2005 has stipulated that in England and Wales the ethical implications of carrying out research with people who are unable to consent must be considered alongside the ethical implications of excluding them from research altogether. This paper describes the methods that were used to enable people with severe and profound intellectual disabilities, who lacked capacity, to participate in a study that examined their experience of receiving intimate care. The safeguards that were put in place to protect the rights and well-being of participants are described, and it is argued that the approaches used in this study met the requirements set out in the Mental Capacity Act 2005. Although this paper is based on research involving people with intellectual disabilities, it has implications for research involving other groups who may also lack capacity to consent, including people with mental health problems, head injuries and dementia.

scholarly journals What makes a 'good' conference from a service user perspective?

2018 ◽  
Vol 2017 (24) ◽  
pp. 109
Author(s):  
Sarah Gordon ◽  
Kris Gledhill
Keyword(s):  
Mental Health ◽  
Intellectual Disabilities ◽  
Service User ◽  
Good Practice ◽  
Mental Capacity ◽  
Mental Impairment ◽  
User Perspective ◽  
Persons With Disabilities ◽  
Form Part ◽  
Academic Conferences

<p>This article started with a question from one academic wearing an editor’s hat to another academic wearing an academic service user’s hat: conversing about a conference both had attended, the question asked was about the features that make conferences ‘good’ from a service user perspective. The question led to the comments that form Part II of this article. We then decided that we should combine resources and examine what the Convention on the Rights of Persons with Disabilities 2006 (CRPD) has to say about the matter, identifying the normative framework of rights in the context of academic conferences that belong to those who attend in the context of experiencing psychosocial/mental impairment which in interaction with attitudinal and environmental barriers cause them to experience disability; and the corresponding obligations on conference organisers and/or those who regulate the situation and so might be required to impose obligations on conference organisers. This material, in Part III, is followed by some final reflections and thoughts as to good practice.</p><p><br />The context in which our arguments are framed is academic conferences on mental health and mental capacity law. Although our reference to ‘service user’ is therefore limited, some of our contentions can no doubt be applied to people experiencing other forms of disability and to conferences of a different type. These wider points are not a concentration in this article, but only because it was conceived and written with a more specific focus. Naturally, we are not suggesting that persons experiencing psychosocial or intellectual disabilities will only be interested in conferences on mental health and mental capacity matters, or that people experiencing other forms of disability will not have an interest in such conferences.</p>

Aging in Adults With Intellectual Disabilities

2014 ◽  
Vol 19 (1) ◽  
pp. 36-43
Author(s):  
Tracy Lazenby-Paterson ◽  
Hannah Crawford
Keyword(s):  
Intellectual Disabilities ◽  
Swallowing Disorders ◽  
Speech And Language ◽  
Adults With Intellectual Disabilities

The literature recognizes the important role of the Speech and Language Pathologist (SLP) in the treatment of communication and swallowing disorders in children with Intellectual Disabilities (ID). However there is also a need to emphasize the importance of specialist SLP input across the lifespan of people with ID, and to recognize the specific, ongoing and changing communication and swallowing needs of adults with ID as they get older.

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