Tag: Mental Capacity Act 2005

BABEL project researchers work with University of Bristol students to raise awareness of mental capacity law

Posted on by foluke.adebisi

by Gus Harrison, Judy Laing, Sheelagh McGuinness, and Patty Miranda

Setting the stage: six years of the BABEL project

The Wellcome-funded BABEL project at the University of Bristol has, for the last six years or so, been exploring best interests decision making for adults and children in England and Wales. The collaborative project started towards the end of 2018 and involved several different work strands with researchers based in the Centre for Health, Law, and Society (CHLS) and the Centre for Ethics in Medicine.  The law work strand, based in the CHLS at the Law School, focused on best interests decision-making in law. The law research team – Judy Laing, Sheelagh McGuinness, and Aoife Finnerty—carried out empirical research with legal practitioners to find out their views about this branch of legal decision-making. The research findings are now being written up and will be published later this year, including in an edited book, to be published by Bristol University Press in 2026. (more…)

Hidden Law-makers: Uncovering ‘tiers of invisibility’ in the law on best interests

Posted on by foluke.adebisi

by Suzanne Doyle Guilloud, Senior Research Associate, University of Bristol Law School

Courtroom by Al Arthur

Since November 2018, BABEL (‘Balancing Best Interests in Healthcare Ethics and Law’), a joint Wellcome Trust funded project between the Centre for Ethics in Medicine (CEM) and the Centre for Health, Law, and Society (CHLS), has been researching the nature and purpose of the concept of ‘best interests’ as it applies to both adults and children deemed to lack decision-making capacity in healthcare matters in England and Wales. (more…)

Covid-19 and homelessness applications

Posted on by lee.mcconnell

By Prof Dave Cowan, Professor of Law and Policy (University of Bristol Law School)

The onset of Covid-19 gave rise to a massive effort to provide health care services and accommodation for homeless persons.  This includes not just those people who are rough sleeping, but also those otherwise at risk without a home, such as those living in hostels and B&B accommodation.  A range of organisations have assisted in this process, from medical health professionals to local authorities, who have procured empty hotels and other spaces for homeless persons to self-isolate as well as acted on the government’s guidance to keep temporary accommodation open.

In this post, I consider whether homeless persons who come to the attention of the local authority should be regarded as having made an “application” for homelessness assistance.  The homelessness legislation is one of the most litigated areas in public law, and I have recently drawn attention to the supposed cultural change brought about by the Homelessness Reduction Act 2018.  It is particularly relevant to students taking our unit in Rich Law, Poor Law, or engaging in work with our law clinic. (more…)