#118 Mental Capacity, Best Interests decision making and the law with Alex Ruck Keene KC

In this episode it is my pleasure and honour to talk with Alex Ruck Keene. Alex is an English barrister, writer and educator. His practice is focused on mental capacity, mental health and healthcare law, and he is also a Professor of Practice at King’s College London.  He also writes extensively, and is the creator of the website Mental Capacity Law and Policy

We discuss what the law tells us about the Mental Capacity Act and Best Interests decision making. Alex shares examples and case law to powerfully illustrate legislation.

Key messages

• Alex shares experience that sparked his interest in healthcare law

• The introduction and impact  of the Mental Capacity Act 2005 (the MCA) is identified

• Acting in a person’s best interests is explained clearly by Alex

• The importance of Aintree and James in understanding Best Interests decision making is explained. Alex advises that Aintree and James should be read alongside the MCA and the Code of Practice

• Nobody can demand treatment that a Dr cannot offer

• Is this a decision about what is appropriate or what is someone’s best interests is a complex issue to explore

• Is “Best Interests” terminology used to avoid Important Conversations 

• We explore why people do not always follow the law

Resource

• Listen to episode 117:The MCA, Best Interests decision making and common misconceptions with Baroness Ilora Finlay

• Access the Mental Capacity Act 2005 

• Access Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) referred to by Alex 

• The Clinically-assisted nutrition and hydration (CANH) and adults who lack the capacity to consent provides further information and Best Interests decision making 

• Access information from the Essex Autonomy Project around CPR 

• Read more about Tender Conversations by Dr Kathryn Mannix in Listen Dr Kathryn Mannix.  “If we call a conversation ‘difficult,’ then it probably will be”

• Access Alex’s website: Mental Capacity Law and Policy 

• The Open Justice Court of Protection Project “works to promote Open Justice in the Court of Protection – an English court, established in its current form under the Mental Capacity Act 2005, with the authority to determine whether adults have the mental capacity to make key decisions in their lives (such as where they live, whether they undergo serious medical treatment, whether they maintain contact with family members), and to make decisions in the best interests of those deemed to lack capacity.”

  
  

Bio:

Photo attached; in terms of bio, how about Alex Ruck Keene KC (Hon) is an English barrister, writer and educator. His practice is focused on mental capacity, mental health and healthcare law, and he is also a Professor of Practice at King’s College London.  He also writes extensively, and is the creator of the website Mental Capacity Law and Policy