No longer 'anomalous, confusing and unjust': the Mental Capacity Act (Northern Ireland) 2016

Authors

  • Colin Harper Queen's University Belfast
  • Gavin Davidson Queen's University Belfast
  • Roy McClelland Queen's University Belfast

DOI:

https://doi.org/10.19164/ijmhcl.v2016i22.552

Abstract

Since 2002 there has been a broad and extensive process to develop new legislation relating to mental health and mental capacity which is of interest as it represents a new departure in terms of such legislation. The Mental Capacity Act (Northern Ireland) 2016 legislates a fusion approach to mental capacity/mental health law. The provisions of the Act apply in general to people who are aged 16 and over and it goes beyond a proposed ‘model law’ of the fusion type in that it incorporates criminal justice provisions.


This article provides an overview of the process of development of the Mental Capacity Act (Northern Ireland) 2016. The Act has its origins in the Recommendations of the Bamford Review of Mental Health and Learning Disability which are considered first. The publication of these recommendations was followed by an extended policy development process which is discussed next. Following an overview of the contents of the Act, key issues which emerged during the policy development and legislative processes are outlined.

Author Biographies

Colin Harper, Queen's University Belfast

Honorary Lecturer, School of Social Sciences, Education and Social Work, Queen’s University Belfast

Gavin Davidson, Queen's University Belfast

Senior Lecturer, School of Social Sciences, Education and Social Work, Queen’s University Belfast

Roy McClelland, Queen's University Belfast

Emeritus Professor of Mental Health, Queen’s University Belfast

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Published

2017-02-17

Issue

No. 22 (2016): pp.1-70

Section

Articles and Comment

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