St Cross Special Ethics Seminar: The ‘human element’ in the social space of the courtroom: Framing and influencing the deliberative process in mental capacity law
The Mental Capacity Act 2005 in England and Wales (MCA) is explicit in prescribing a values-based legal framework, centred around the concepts of ‘mental capacity’ and ‘best interests’. In legal proceedings, the specialist Court of Protection must grapple with fundamental questions relating to the interpretation and application of the MCA’s principled requirements, with each case having its own distinctive factual matrix and a unique person at the heart of the whole process.