Lindsey, Jaime (2020) 'Competing Professional Knowledge Claims about Mental Capacity in the Court of Protection.' Medical Law Review, 28 (1). pp. 1-29. ISSN 0967-0742

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Abstract

This article analyses the role of evidence in resolving Court of Protection proceedings, drawing on qualitative data obtained from observations of the Court of Protection, a review of Court of Protection case files and interviews with social workers. It is argued that there is a hierarchy of professional evidence in mental capacity law. Psychiatric evidence is at the top of this hierarchy whereas social work evidence is viewed as a less persuasive form of knowledge about mental capacity. The article argues that this is because mental capacity law views psychiatric evidence as a form of objective and technical expertise about capacity whereas social work evidence is viewed as a form of subjective, experiential knowledge. In challenging this hierarchy, it is instead argued that mental capacity law should place greater weight on experiential knowledge emanating from a relationship with the subject of the proceedings, rather than elevating the status of psychiatric evidence about mental capacity.

Item Type:	Article
Uncontrolled Keywords:	Court of Protection, evidence, expertise, knowledge, mental capacity, psychiatry
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Humanities Faculty of Humanities > Law, School of
SWORD Depositor:	Elements
Depositing User:	Elements
Date Deposited:	18 Jan 2019 16:35
Last Modified:	06 Jan 2022 13:56
URI:	http://repository.essex.ac.uk/id/eprint/23753

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