Key workstream collaborators

Enabling Legal Capacity Through Decision-Making Support.

Led by Dr Jillian Craigie, this project will critically examine decision-making support as a strategy for jointly satisfying the two fundamental imperatives of protection and respect. It has a particular focus on intellectual disability and autism.

Further Information

Our work stream aims to critically examine decision-making support as a way of resolving the tension between recognising vulnerability and respecting individual choice. It brings together expertise from philosophy, psychology, law and mental disability advocacy.

Policy makers in England and Wales increasingly recognise the need for support in legally significant decisions, as seen in the role for advocates under the Care Act 2014 (s. 67). More strongly, Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) requires a shift towards decision-making support.

Supported decisions in both legal contexts occupy a space between decisions made on a person’s behalf, and the recognition of decisions made independently. This is new legal territory in which there is little research to guide the development of law, policy and practice.

Approach

Phase1 will investigate the moral and legal foundations of the decision-making support required by the CRPD, to develop recommendations on its boundaries and practice. It will also explore the meaning of undue influence when decisions are supported; the theories of agency that underpin models of support; the relationship between identity, mental abilities and support in the context of lifelong mental disability. It will engage with other work streams on the legal meaning of support and controversy around the notion of personhood.

Phase 2 will use qualitative research methods, focusing on neurodevelopment disability as a lens through which to understand and evaluate how support is put into practice. This work will be developed with our service user advisory group, and will engage with other work streams the idea of supporting insight; on how social feedback can influence metacognitive abilities; and on problems of contested capacity in the context of decision-making support.

Phase 3 will synthesise the findings to develop recommendations for the implementation of decision-making support structures and practice in light of the CRPD, using focus groups to engage a wide set of stakeholders.

Expected Outcomes

We will innovate interdisciplinary working on decision-making support and produce accessible guidance, as well as recommendations for law and policy development.

Activity & Output


Workstream Members


Dr Jillian Craigie
Dr Jillian Craigie
Prinicipal Invesitgator

Lecturer in medical ethics, Centre for Medical Ethics and Law, Dickson Poon School of Law, KCL. Jill has expertise in mental health ethics, neuroethics and philosophical psychology. She will lead on work stream 1 and contribute widely across the research network.

Prof. Matt Matravers
Prof. Matt Matravers
Core Member

Professor of law, University of York. Mattravers has expertise in philosophy of law and political philosophy. He will be particularly involved in the theoretical work of Work Stream 1, including postdoctoral supervision, and will be part of an advisory group for that work stream.

Dr Isabel Clare
Dr Isabel Clare
Core member

Consultant clinical psychologist at the Cambridge Intellectual Disabilities Group and affiliated lecturer, Department of Psychiatry, University of Cambridge. Isabel has expertise in intellectual disabilities and autism, mixed methods research and mental health law. She will be the primary supervisor for the work stream 1 doctoral research and as well as being part of the theoretical work and the advisory group.

Dr Michael Bach
Dr Michael Bach
Core Member

Managing Director, Institute for Research and Development on Inclusion and Society, Ontario, Canada. Michael has almost 30 years of research and policy experience in the area of legal capacity and supports for people with intellectual disabilities. He will be involved in both the theoretical and empirical research within work stream 1 and will be part of its advisory group.

Dr Jillian Craigie
Dr Jillian Craigie
Prinicipal Invesitgator

Lecturer in medical ethics, Centre for Medical Ethics and Law, Dickson Poon School of Law, KCL. Jill has expertise in mental health ethics, neuroethics and philosophical psychology. She will lead on work stream 1 and contribute widely across the research network.

Prof. Matt Matravers
Prof. Matt Matravers
Core Member

Professor of law, University of York. Mattravers has expertise in philosophy of law and political philosophy. He will be particularly involved in the theoretical work of Work Stream 1, including postdoctoral supervision, and will be part of an advisory group for that work stream.

Dr Isabel Clare
Dr Isabel Clare
Core member

Consultant clinical psychologist at the Cambridge Intellectual Disabilities Group and affiliated lecturer, Department of Psychiatry, University of Cambridge. Isabel has expertise in intellectual disabilities and autism, mixed methods research and mental health law. She will be the primary supervisor for the work stream 1 doctoral research and as well as being part of the theoretical work and the advisory group.

Dr Michael Bach
Dr Michael Bach
Core Member

Managing Director, Institute for Research and Development on Inclusion and Society, Ontario, Canada. Michael has almost 30 years of research and policy experience in the area of legal capacity and supports for people with intellectual disabilities. He will be involved in both the theoretical and empirical research within work stream 1 and will be part of its advisory group.

Prof. Francesca Happé
Prof. Francesca Happé
Collaborator

Professor of cognitive neuroscience, Institute of Psychiatry, Psychology and Neuroscience, King’s College London. Francesca has expertise in Autism and Asperger’s syndrome, social cognition and experimental neuroscience. She will contribute to the theoretical work and will be part of the advisory group within work stream 1.

Dr Paul Moran
Dr Paul Moran
Collaborator

Reader in psychiatry at the University of Bristol. Paul has expertise on decision- making support in the context of personality disorders, mixed methods research and clinical guidelines. He will be part of the advisory group for work Stream 1 and contribute widely across the research network.

Dr John Stanton Ife
Dr John Stanton Ife
Collaborator

Senior lecturer in law, Dickson Poon School of Law, KCL. John has expertise in criminal law and jurisprudence. In particular he will contribute to the theoretical research within work stream and its advisory group.

Patricia Walsh
Patricia Walsh
Collaborator

Lecturer in Medical Ethics, Dickson Poon School of Law. Pat’s recent research has focussed on ethical issues arising from autism. She will be involved with theoretical research within the work stream and is a member of its advisory group.

Prof. Francesca Happé
Prof. Francesca Happé
Collaborator

Professor of cognitive neuroscience, Institute of Psychiatry, Psychology and Neuroscience, King’s College London. Francesca has expertise in Autism and Asperger’s syndrome, social cognition and experimental neuroscience. She will contribute to the theoretical work and will be part of the advisory group within work stream 1.

Dr Paul Moran
Dr Paul Moran
Collaborator

Reader in psychiatry at the University of Bristol. Paul has expertise on decision- making support in the context of personality disorders, mixed methods research and clinical guidelines. He will be part of the advisory group for work Stream 1 and contribute widely across the research network.

Dr John Stanton Ife
Dr John Stanton Ife
Collaborator

Senior lecturer in law, Dickson Poon School of Law, KCL. John has expertise in criminal law and jurisprudence. In particular he will contribute to the theoretical research within work stream and its advisory group.

Patricia Walsh
Patricia Walsh
Collaborator

Lecturer in Medical Ethics, Dickson Poon School of Law. Pat’s recent research has focussed on ethical issues arising from autism. She will be involved with theoretical research within the work stream and is a member of its advisory group.