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Lost Voices in Research: Exposing the Gaps in the Mental Capacity Act 2005

Heywood, Rob, Ryan, Hayley, Killett, Anne, Langdon, Peter, Plenderleith, Yvonne, Shiggins, Ciara, Bunning, Karen (2019) Lost Voices in Research: Exposing the Gaps in the Mental Capacity Act 2005. Medical Law International, 19 (2-3). pp. 81-112. ISSN 0968-5332. (doi:10.1177/0968533219867365) (KAR id:76019)


Despite laudable intentions, since its inception, the Mental Capacity Act 2005 of England and Wales (MCA) has proved to be a controversial piece of legislation. The majority of legal scholarship has concentrated on the problems created by the Act in relation to the treatment of incapacitated patients. However, there is an additional and somewhat unexplored dimension to the MCA, that of research. We argue here that the research provisions of the MCA are poorly drafted and do not provide an appropriate balance between protection and empowerment. We also assert that contrasting obligations and expectations are placed on different parties in the approval process, which creates a blurred sense of responsibility and a potential chilling effect.

Item Type: Article
DOI/Identification number: 10.1177/0968533219867365
Uncontrolled keywords: Mental Capacity Act 2005, Research, Capacity, Best Interests, Consultees
Subjects: B Philosophy. Psychology. Religion > BF Psychology
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > School of Social Policy, Sociology and Social Research > Tizard
Depositing User: Peter Langdon
Date Deposited: 29 Aug 2019 11:01 UTC
Last Modified: 09 Dec 2022 05:14 UTC
Resource URI: (The current URI for this page, for reference purposes)

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