Overcoming Challenges in the Mental Capacity Act 2005

Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests. 

In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question. 

Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder.

Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible’ for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/. 

Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK