No longer 'anomalous, confusing and unjust': the Mental Capacity Act (Northern Ireland) 2016
Open accessAbstract
Since 2002 there has been a broad and extensive process to develop new legislation relating to mental health and mental capacity which is of interest as it represents a new departure in terms of such legislation. The Mental Capacity Act (Northern Ireland) 2016 legislates a fusion approach to mental capacity/mental health law. The provisions of the Act apply in general to people who are aged 16 and over and it goes beyond a proposed ‘model law’ of the fusion type in that it incorporates criminal justice provisions. This article provides an overview of the process of development of the Mental Capacity Act (Northern Ireland) 2016. The Act has its origins in the Recommendations of the Bamford Review of Mental Health and Learning Disability which are considered first. The publication of these recommendations was followed by an extended policy development process which is discussed next. Following an overview of the contents of the Act, key issues which emerged during the policy development and legislative processes are outlined.
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“Indeed, such a legislation has been drafted and enacted 57,58 .”
From Ethical challenges in contemporary psychiatry: an overview and an appraisal of possible strategies and research needs (2024) · cites this paper as [57]
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Self-citationA model law fusing incapacity and mental health legislation
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- Authors
- Harper, C., Davidson, G., & McClelland, R.
- Venue
- International Journal of Mental Health and Capacity Law
- Publisher
- Northumbria University Library
- Published
- 2017-02-17
- Issue
- 22
- Pages
- 57-70
- ISSN
- 2056-3922 (ISSN-L)
- OpenAlex
- W2538821618
- Cited by
- 30
- References
- 15
- Citations by year
- 2026: 1 · 2025: 2 · 2024: 2 · 2023: 3 · 2022: 2 · 2021: 5 · 2020: 4 · 2019: 5 · 2018: 3 · 2017: 3
- FWCI
- 4.90
- Type
- journal article
- Language
- en
- Open access
- diamond
- doi.org
- Locations
- International Journal of Mental Health and Capacity Law (publishedVersion, cc-by)
- Research Portal (Queen's University Belfast) (submittedVersion, cc-by)
- Topics
- Social Sciences › Psychology › Clinical Psychology › Healthcare Decision-Making and Restraints
- Health Sciences › Health Professions › General Health Professions › Health, Medicine and Society
- Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Medical and Health Sciences Research
- Keywords
- mental capacity law, mental health law, learning disabilities, legislative process, policy development, Northern Ireland
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