Guest editorial
| Published date | 06 March 2017 |
| Date | 06 March 2017 |
| DOI | https://doi.org/10.1108/AMHID-03-2017-0008 |
| Pages | 29-29 |
| Author | Niall O’Kane,Ian Hall |
| Subject Matter | Health & social care,Learning & intellectual disabilities |
Niall O’Kane and Ian Hall
This special edition of Advances focusses on mental health law and human rights as they relate
to people with intellectual disabilities. In particular, we will explore the rapidly changing law
relating to deprivation of liberty, mental capacity and consent to sexual relations, as well as
examining international views on compulsory detention, and supported decision making.
We are very honoured to have articles from leading experts in the field of Mental Capacity law and
policy in England: Alex Ruck Keene and Victoria Butler Cole. Keene provides a thought provoking
article, examining the difficulties with defining “mental capacity”as well as Convention on the
Rights of Person with Disabilities compliance issues faced by current Mental Capacity legislation
in England and Wales. Butler Cole provides perspectives into recent case law decisions
surrounding a controversial area of mental capacity: consent to sexual relations. Her paper
highlights the various ethical dilemmas faced by the courts in balancing individual’s autonomy
with protection from harm.
We include the perspective of a person with intellectual disability: a case report about his
experience of successfully appealing against a deprivation of liberty safeguard authorisation in
England. The paper highlights the wider issues relating to an individuals’rights to challenge
authorisations under different legislation, as well the development of the Deprivation of Liberty
Safeguards legislation in light of evolving case law.
Providing an international perspective, Davies et al. describe shifts in guardianship practice as
well as developments in supported decision making in Israel following the new Legal Capacity
and Guardianship Law amendments; Frederiks et al. provide a viewpoint on coercive practice in
Holland and how it compares with other countries worldwide.
Addressing the question of whether people with intellectual disability are more likely to be subject
to compulsory detention, Walsh et al. report their comparison of detention rates in different
groups in Scotland, and explore why people with intellectual disability may be more likely to be
compulsorily detained.
The law in relation to people with intellectual disability is a rapidly changing field and we hope this
collection of papers informs about those developments as well as how things might change in
the future, hopefully acknowledging the views of people with intellectual disability themselves.
About the Guest Editors
Dr Niall O’Kane is an ST5 in Psychiatry of Intellectual Disability, Camden and Islington NHS
Foundation Trust, London, UK. Dr Niall O’Kane is the corresponding author and can be
contacted at: niallokane@doctors.net.uk
Dr Ian Hall is a Consultant Psychiatrist and Lead Clinician at East London NHS Foundation Trust,
London, UK, and Associate Dean at the Royal College of Psychiatrists. He has a longstanding
interest in medicolegal aspects of psychiatry and acts as an expert witness inthe Court of Protection.
Niall O’Kane is a Psychiatry
Doctor at the Camden Learning
Disabilities Service, Camden
and Islington NHS Foundation
Trust, London, UK.
Ian Hall is a Consultant
Psychiatrist at the Community
Learning Disability Service,
East London NHS Foundation
Trust, London, UK.
DOI 10.1108/AMHID-03-2017-0008 VOL. 11 NO. 2 2017, p. 29, © Emerald Publishing Limited, ISSN 2044-1282
j
ADVANCESIN MENTAL HEALTH AND INTELLECTUAL DISABILITIES
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PAGE29
Guest editorial
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