This category contains 41 posts

Researching mental capacity disputes: The role of mediation in improving participation in the Court of Protection

Researching mental capacity disputes: The role of mediation in improving participation in the Court of Protection   By Jaime Lindsey (University of Essex)   It is important that people are involved in decisions which directly affect their lives. Research has shown many benefits of participation in decision-making processes ranging from improving the quality of the … Continue reading

Court of Protection Mediation Research – Where are we in the UK?

By Charlotte May   This month a new report by Charlotte May was launched to address the question ‘Where are we in the UK in Court of Protection mediation?’   CoP Mediation The key and fundamental difference in mediation in the CoP relates to a person’s capacity. In these cases mediation works towards a negotiated … Continue reading

Workshop on Improving Participation in Court of Protection Proceedings

By Jaime Lindsey Meaningful access to justice requires having the ability to participate in decision-making that will directly affect you. Yet analysis of participation in mental capacity law is relatively under-researched compared to other areas of law. This ESRC-funded workshop on ‘Improving participation in Court of Protection proceedings’ allowed those with an interest in participation … Continue reading

Absent voices: Researching the role of P in the Court of Protection

By Dr Jaime Lindsey In this blog post, Jaime Lindsey of the University of Essex School of Law explains her recent research on the Court of Protection, carried out in light of increased transparency and openness in this jurisdiction. Her forthcoming article on the research, ‘Testimonial Injustice and Vulnerability: A Qualitative Analysis of Participation in … Continue reading

An example of how administrative justice design considerations apply across the justice system

Transparency, accountability and the role of internal review – key administrative justice design considerations – feature in proposed changes to the way the Parole Board makes decisions. The Worboys case, heard in the High Court on 13-14 March 2018, is the first time a victim has challenged a Parole Board decision. Two victims of the … Continue reading