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03922aam a2200433 i 4500 001 187D6002803411ED944134D030ECA4DB 003 SILO 005 20221220010056 008 211130t20222022enka b 001 0 eng 010 $a 2021058034 020 $a 1108995039 020 $a 9781108995030 020 $a 1108834426 020 $a 9781108834421 035 $a (OCoLC)1295618018 040 $a DLC $b eng $e rda $c DLC $d OCLCO $d OCLCF $d OCLCO $d YDX $d UKMGB $d YDX $d SILO 042 $a pcc 043 $a e-uk-en $a e-uk-en 050 00 $a KD740 $b .L56 2022 100 1 $a Lindsey, Jaime, $d 1987- $e author. 245 10 $a Reimagining the Court of Protection : $b access to justice in mental capacity law / $c Jaime Lindsey, University of Essex. 264 1 $a Cambridge, United Kingdom ; $b Cambridge University Press, $c 2022. 300 $a xv, 244 pages : $b illustrations ; $c 24 cm. 490 1 $a Cambridge bioethics and law 504 $a Includes bibliographical references and index. 505 0 $a Introduction -- Procedural justice -- Participation and voice -- Mediating disputes -- Expert and experiential evidence -- The courtroom space and design -- Conclusions : designing for access to justice. 520 $a "Imagine living a life by your own will, choices, desires and preferences - wise or unwise; choices constrained no doubt by your relationships, finances, abilities and other circumstances; choices that, had you the chance again, you may make differently - but your choices, nonetheless. Yet imagine a court having the power to overrule your choices or authorise others to do so. To decide where you can live and whether you are allowed to leave that place; to decide if and who you can marry; if and with whom you can be intimate or have any contact; how your finances are handled and money spent; whether you can have a particular medical treatment; or, perhaps worse, whether you can have medical treatment forced on you against your wishes. And imagine if all this can be done, not because you have committed a crime, or done anything unlawful, but because you do not have the necessary level of mental functioning to reach the law's required level for decision-making - you lack the mental capacity to make the decision in question. These are the types of decisions the Court of Protection (CoP) makes every day. It is a jurisdiction relatively under-researched but one which can touch on every aspect of an adult's life in England and Wales. How the CoP does, and should, operate to achieve access to justice in mental capacity law is the focus of this book. This includes the extent to which CoP proceedings involve people affected by its decisions, the type of evidence it considers in reaching decisions on mental capacity and best interests, the ways in which its processes and spaces operate, and use of alternative ways of resolving CoP disputes. In short, I argue that the CoP has not effectively achieved access to justice for the subject of proceedings (referred to throughout as the 'Person') , particularly through its failure to sufficiently place her voice and participation at the centre of its work"-- $c Provided by publisher. 610 10 $a Great Britain. $b Court of Protection (2005- ) 650 0 $a Mental health courts $z England. 650 0 $a Mental health laws $z England. 650 6 $a Tribunaux de la sante mentale $z Angleterre. 650 7 $a Mental health courts. $2 fast $0 (OCoLC)fst01016409 650 7 $a Mental health laws. $2 fast $0 (OCoLC)fst01016447 651 7 $a England. $2 fast $0 (OCoLC)fst01219920 776 08 $i Online version: $a Lindsey, Jaime, 1987- $t Reimagining the Court of Protection $d Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022 $z 9781108993203 $w (DLC) 2021058035 830 0 $a Cambridge bioethics and law. 941 $a 1 952 $l OVUX522 $d 20231017024036.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=187D6002803411ED944134D030ECA4DBInitiate Another SILO Locator Search