The Mental Capacity Act 2005 is a hugely significant piece of legislation. Yet it is widely misunderstood and often poorly implemented. It applies in England and Wales only, and its purpose is to enable people to make decisions about their own lives, if they possibly can. Decisions could be simple and routine, such as whether to have a cup of tea or a cup of coffee in the morning. Or they could be very profound, such as whether to have treatment for cancer, whether to continue living in one's own home, or whether to have sex.
The Podcast came to an end after Episode 6 of Series 3, but the episodes will continue to be available here on Patreon for the foreseeable future. It is no longer possible to sign up for a monthly subscription, as maneioned in the episodes.
A weekly podcast
To the best of our knowledge there isn't a weekly podcast out there covering the Mental Capacity Act. So we've decided to create one ourselves! The first episodes were released on 10th June 2019 - click here for more details. You can listen to them for free from any type of computer with an Internet connection, but if you want to download them and listen to them on the go on your tablet or mobile device (as most people do) then you'll need a podcast player app. You have two choices:
To do this for free, you'll need to download the Patreon app from iTunes (for Apple devices) or Google Play (for Android devices) by clicking the logo below. The app is free to download and free to use.
There is also a Facebook discussion group linked to the podcast which you are very welcome to join now if you wish. It's a closed group, so you'll need to request permission to join. We'll also be posting items on Twitter and Linkedin.
Interviews ("bonus content")
****Please note, there will be no new interviews from 30th November 2019****
The following interviews will become freely available to everyone during January and February 2020. (Every Monday, from 13th Jan, one per week). You can access the interviews, as they become available, by clicking here.
- Mark Neary (counsellor, writer, speaker, co-founder of the "Rightful Lives" online exhibition, human rights campaigner, and father of Steven who was unlawfully detained by the London Borough of Hillingdon in 2009-10) - episode was released as a free bonus for everyone on 3rd June 2019
- Emma Berry (MCA and DOLS Lead for Southampton City Council) - freely available from 13th Jan 2020
- Roger Laidlaw (DoLS Coordinator at Rhondda Cynon Taf County Borough Council) - freely available from 20th Jan 2020
- "Mr and Mrs E" (the carers of "HL", whose detention in Bournewood Hospital for 6 months in 1997 - the "Bournewood Case" - eventually led to the introduction of the Deprivation of Liberty Safeguards in England and Wales)
- Baroness Ilora Finlay of Llandaff (Professor of Palliative Medicine at Cardiff University, and Chair of the National Mental Capacity Forum)
- Rachael Griffiths (Community Manager for PoHwer, which provides Independent Mental Capacity Advocacy services across England and Wales)
- Alex Ruck Keene (lawyer, 39 Essex Chambers)
- Adrian Dunsterville (Regulatory Policy Manager – Mental Health, Care Quality Commission)
- Eliot Lamb (Case Manager for Independent Living Solutions Ltd)
Who might be interested in the podcasts?
We hope of course that the podcasts are of interest to anyone involved in the very broad field of health and social care, which includes professionals, volunteers, family members, users of services etc. But moreover we hope they will be of interest to the population in general. In a very narrow sense the Mental Capacity Act 2005 is the law, so it must be followed, but in a wider sense the issues that it covers - the ability to make decisions for oneself - are really important moral dilemmas which touch the lives of all of us.
The following episodes are available. You can access all of the episodes by clicking here.
Series 1: The fundamentals of the Act
- Episode 1 - All about this podcast
- Episode 2 - Why was the Act introduced?
- Episode 3 - The 5 Statutory Principles
- Episode 4 - Helping & supporting people to make their own decisions
- Episode 5 - Who should assess capacity, and when?
- Episode 6 - How to assess capacity
Series 2: More details about the Act
- Episode 1 - Making best interests decisions
- Episode 2 - Protection for people who provide care or treatment
- Episode 3 - Lasting Powers of Attorney and Court Appointed Deputies
- Episode 4 - The role of the Court of Protection
- Episode 5 - Advance Decisions to Refuse Treatment
- Episode 6 - Independent mental capacity advocacy services
Series 3: Still more details about the Act
- Episode 1 - Safeguards and controls relating to research
- Episode 2 - Children, young people and mental capacity
- Episode 3 - The crossover with the Mental Health Act
- Episode 4 - Protection for people who lack capacity to make decisions
- Episode 5 - Resolving disputes about capacity and best interests
- Episode 6 - Data protection and sharing of information, and general summary
The Podcast came to an end after Episode 6 of Series 3, but the episodes will continue to be available on Patreon for the foreseeable future.