As one of the first researchers authorised to observe hearings and access court files at the Court of Protection, Jaime Lindsey offers an original account and analysis of the workings of this court. Using data collected with the approval from the senior judiciary of the Court of Protection and the Ministry of Justice, this innovative book combines empirical data with theoretical and normative analysis. It takes a socio-legal approach to understanding how the Mental Capacity Act operates in practice to achieve access to justice and situates current debates within an international context, showing how other jurisdictions have been guided by the United Nations Convention on the Rights of Persons with Disabilities. Furthering scholarship across several fields including access to justice, healthcare law and procedural justice theory, this is a timely and pioneering book that argues for a reimagining of the Court of Protection.

Combines original empirical data with theoretical and normative analysis of access to justice in the Court of Protection.

There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.

Reimagining democratic societies, although a demanding task, is one in which higher education must engage. As societies change, our understanding of democracy must also evolve. We need democratic institutions, but also democratic culture and democratic innovation. Citizen participation, as a cornerstone of democracy, must go beyond citizen mobilisation on just a few issues. An educated, committed citizenry deeply involved in creating and sustaining diverse democratic societies is essential for human progress and advancing the quality of life for all. The authors - academics, policy makers and practitioners from Europe and the United States - argue this point, making the case for why democratic reimagination and innovation cannot succeed without higher education and why higher education cannot fulfil its educational, academic and societal missions without working for the common good. Case studies provide examples of how higher education can contribute to reimagining and reinvigorating democracy.

The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the years. This book offers contemporary and non-mainstream perspectives on the shape of the legal profession. It examines how the public sees lawyers and how lawyers see their own profession.

‘In their beautifully written book, O’Brien and Doyle tell a story of small places – where human rights and administrative justice matter most. A human rights discourse is cleverly intertwined with the debates about the relationship between the citizen and the state and between citizens themselves. O’Brien and Doyle re-imagine administrative justice with the ombud institution at its core. This book is a must read for anyone interested in a democratic vision of human rights deeply embedded within the administrative justice system.’—Naomi Creutzfeldt, University of Westminster, UK 'Doyle and O'Brien's book makes an important and timely contribution to the growing literature on administrative justice, and breaks new ground in the way that it re-imagines the field. The book is engagingly written and makes a powerful case for reform, drawing on case studies and examples, and nicely combining theory and practice. The vision the authors provide of a more potent and coherent approach to administrative justice will be a key reference point for scholars, policymakers and practitioners working in this field for years to come.'—Dr Chris Gill, Lecturer in Public Law, University of Glasgow 'This immensely readable book ambitiously and successfully re-imagines adminstrative justice as an instrument of institutional reform, public trust, social rights and political friendship. It does so by expertly weaving together many disparate motifs and threads to produce an elegant tapestry illustrating a remaking of administrative justice as a set of principles with the ombud institution at its centre.’—Carolyn Hirst, Independent Researcher and Mediator, Hirstworks /divThis book reconnects everyday justice with social rights. It rediscovers human rights in the 'small places' of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice – ombuds, tribunals and mediation – rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of 'user focus', with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture./div/div