2017
DOI: 10.1192/pb.bp.117.056945
|View full text |Cite
|
Sign up to set email alerts
|

Mental Capacity Act (Northern Ireland) 2016

Abstract: Mental health legislation in Northern Ireland has always been separate from legislation in the rest of the UK; the Mental Health (Northern Ireland) Order (MHO) had been in place since 1986. In common with other jurisdictions, this legislation utilises the presence of mental disorder and risk as criteria for detention and involuntary treatment. The MHO has been replaced by the Mental Capacity Act (Northern Ireland) 2016 (MCA), an example of ‘fusion’ legislation in which impairment of decision-making capacity an… Show more

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
2
1
1

Citation Types

0
7
0

Year Published

2017
2017
2023
2023

Publication Types

Select...
8
1

Relationship

0
9

Authors

Journals

citations
Cited by 21 publications
(7 citation statements)
references
References 4 publications
(4 reference statements)
0
7
0
Order By: Relevance
“…Involving people with dementia in research evokes concern around consent and capacity. Following the lead of the Bamford review on mental health and the Mental Capacity Act (2005) in England and Wales, the Mental Capacity (Northern Ireland) Act 2016 advocates for capacity to be presumed, including in research practices, unless otherwise directed (Harper, Davidson, & McClelland, ; Lynch, Taggart, & Campbell, ). Participants’ capability to take part in the study was observed in a number of ways.…”
Section: Methodsmentioning
confidence: 99%
See 1 more Smart Citation
“…Involving people with dementia in research evokes concern around consent and capacity. Following the lead of the Bamford review on mental health and the Mental Capacity Act (2005) in England and Wales, the Mental Capacity (Northern Ireland) Act 2016 advocates for capacity to be presumed, including in research practices, unless otherwise directed (Harper, Davidson, & McClelland, ; Lynch, Taggart, & Campbell, ). Participants’ capability to take part in the study was observed in a number of ways.…”
Section: Methodsmentioning
confidence: 99%
“…Second, group members demonstrated capacity in terms of independently travelling to and from the group and involving themselves in the group's decision making processes. Finally, following guidance from the functional test for capacity, group members were able to understand the research task, could retain this information and were able to weigh up the importance of this before making a decision (Lynch et al, ). In this study, all those taking part gave written consent.…”
Section: Methodsmentioning
confidence: 99%
“…Consequently, fusion legislation reduces the stigmatization of mental health conditions and discourages the overuse of substitute decision-making for people with health limitations. However, a person’s best interests may still be determined by a substitute 29 …”
Section: A Rights-based Approach To Decision-makingmentioning
confidence: 99%
“…After many years of development, the Mental Capacity Act (Northern Ireland) gained Royal Assent in May 2016 (Lynch, Taggart, & Campbell, ). It will encourage a less paternalistic and more person‐centered approach to decision making so that everyone's wishes are respected, as far as possible.…”
Section: Resultsmentioning
confidence: 99%