About Mental Capacity Matters with Alex Ruck Keene
This podcast looks at matters mental capacity related. It features conversations between Alex Ruck Keene, a specialist barrister at 39 Essex Chambers, and a whole host of people with different perspectives on mental capacity questions. It also features audio versions of the 'shedinars' that Alex delivers about key topics in mental capacity law, full versions of which (with slides) can be found here: https://www.mentalcapacitylawandpolicy.org.uk/shedinars/.
(Boring but necessary caveat: nothing that appears on this podcast constitutes legal advice).
Gretna Green and children’s capacity – in discussion with Jonathan Brown
In the latest ‘in conversation with,’ I talk to Dr Jonathan Brown (https://www.strath.ac.uk/staff/brownjonathandr/) about the very different approach to the decision-making authority granted children in Scotland, prompted by his article (https://pureportal.strath.ac.uk/en/publications/our-father-who-art-in-the-court-of-session-comments-on-a-scottish/) arising out of this case (https://www.scotcourts.gov.uk/media/gj4ku0fd/2025csoh121-petition-of-a-scottish-health-board-for-the-court-to-exercise-its-parens-patriae-jurisdiction-to-authorise-medical-treatment-of-child-a.pdf) decided in Scotland just before Christmas 2025. The discussion hopefully serves both to alert people to the fact that they should not assume that things are the same either side of the border, to start to think about why this might be the case, and what this might suggest in terms of law reform. [Note: Jonathan explains things with huge clarity, but, as we get into, this is a remarkably complicated area, so you may want to have a wet towel ready to wrap around your head].
For the original video, see here (https://vimeo.com/1189330058?fl=pl&fe=sh).
If you want an overview of the position in England and Wales, this chapter (https://councilfordisabledchildren.org.uk/sites/default/files/uploads/files/Disabled%20Children%20Legal%20Handbook-final-Decision-making%20the%20legal%20framework-Chapter%207.pdf) by Dr Camilla Parker KC (Hon) (from the LAG Disabled Children: A Legal Handbook (available for free thanks to the Council for Disabled Children) is extremely helpful; if you want to know more about the position of 16/17 year olds, I have done a video, available here (https://www.mentalcapacitylawandpolicy.org.uk/shedinar-the-mca-and-16-17-year-olds/).
5 Mar 2026
Restraint, learning disability and Seni’s Law – in conversation with Beverley Samways:
In this ‘in conversation’ with Dr Beverley Samways, we talk about the scoping review (https://senislaw.blogs.bristol.ac.uk/) she has led on to review NHS restraint policies in relation to people with learning disabilities, in the context of Seni’s Law (the Mental Health Units (Use of Force) Act 2018 (https://www.legislation.gov.uk/ukpga/2018/27/enacted)), explaining the motivation, the findings and the recommendations, to be found on the resources page for the project here (https://senislaw.blogs.bristol.ac.uk/resources-for-nhs-trusts-and-responsible-individuals/).
The original video can be found here (https://www.mentalcapacitylawandpolicy.org.uk/restraint-learning-disability-and-senis-law-in-conversation-with-beverley-samways/).
17 Feb 2026
Translating insight – in conversation with Professor Tony David
In this ‘in conversation with,’ I talk to Professor Tony David (https://profiles.ucl.ac.uk/70058-anthony-david) about his new paper, Insight, the law and psychiatry: Going round in circles or playing nice? (https://www.sciencedirect.com/science/article/pii/S0160252726000087). We talk about what ‘insight’ means clinically, and how law and medicine can have a more productive discussion about applying the concept in a way which better secures the interests of those whose capacity to make relevant decisions may be under examination.
For the original video, see here (https://www.mentalcapacitylawandpolicy.org.uk/translating-insight-in-conversation-with-professor-tony-david/).
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