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 and 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

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Abstract

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
Faculty \ School: Faculty of Social Sciences > School of Law
Faculty of Medicine and Health Sciences > School of Health Sciences
Faculty of Medicine and Health Sciences > Norwich Medical School
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Depositing User: LivePure Connector
Date Deposited: 27 Aug 2019 14:35
Last Modified: 20 Aug 2020 00:47
URI: https://ueaeprints.uea.ac.uk/id/eprint/72054
DOI: 10.1177/0968533219867365

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