Research Repository

Competing Professional Knowledge Claims about Mental Capacity in the Court of Protection

Lindsey, Jaime (2019) 'Competing Professional Knowledge Claims about Mental Capacity in the Court of Protection.' Medical Law Review. ISSN 0967-0742 (In Press)

[img] Text
Accepted versionJL_competing professional knowledge claims in CoP.pdf - Accepted Version
Restricted to Repository staff only until 11 February 2021.

Download (256kB) | Request a copy

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 > Law, School of
Depositing User: Elements
Date Deposited: 18 Jan 2019 16:35
Last Modified: 13 Jun 2019 10:15
URI: http://repository.essex.ac.uk/id/eprint/23753

Actions (login required)

View Item View Item