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Mental capacity and traumatic brain injury. A critical comparison of England and New Zealand’s legislative responses

Mental capacity and traumatic brain injury. A critical comparison of England and New Zealand’s legislative responses

Mantell, Andrew, Weeks, Emma and Holloway, Mark (2013) Mental capacity and traumatic brain injury. A critical comparison of England and New Zealand’s legislative responses. In: The 7th International Conference on Social Work in Health and Mental Health, 23-27 June 2013, University of Southern California. (Unpublished)

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Abstract

The problem

To conduct a critical cross-national comparison of the strengths and weaknesses of mental capacity legislation in England and New Zealand as applied to people with traumatic brain injury.

Method

A policy map, using Arksey and O’Malley’s (2005) scoping methodology was developed to explore the legislation, policy and guidance from the two countries. These were thematically reviewed to identify their central tenets, which were critically considered and contrasted from a practice perspective.

Results

UK legislation focuses on individual decisions in isolation, compared to NZ’s broader perspective and recognition of potential influence from others. Both neglect the influence of other environmental factors on individual’s real world decisions.

Practitioners can misunderstand the legislation and NZ lacks the UK’s detailed national guidance, producing localised policy variations.

Assessment in NZ, unlike the UK, is based on medical opinion, this has the strength of a better understanding of neurology, but in both countries professionals may misunderstand the impact of TBI in practice.

Conclusions

The two approaches to determining capacity were found to have contrasting strengths. Social workers in both countries can contribute to ensuring more accurate capacity assessment and support after TBI.

Item Type: Conference or Conference Paper (Paper)
Uncontrolled Keywords: Mental Capacity, England, New Zealand, Traumatic Brain Injury
Subjects: H Social Sciences > HV Social pathology. Social and public welfare
Faculty / Department / Research Group: Faculty of Education & Health
Faculty of Education & Health > Department of Psychology, Social Work & Counselling
Last Modified: 10 Jul 2019 11:55
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/22509

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