Autonomy in public policy
How philosophy research impacts public policy
The background
Philosophers at the University of Essex are working with judges, civil servants, and ‘third sector’ parties in helping to clarify the legal notion of “best interests” in application to the practical and ethical dilemmas of healthcare and social care.
The issue
The current legal framework in England and Wales has led to an intense period of public scrutiny concerning the interpretation and application of the best interests standard. In 2005, Parliament adopted the Mental Capacity Act (MCA), a landmark piece of legislation that reshaped healthcare and social care practice. The Act came into effect in 2007; among other things it created a new Court of Protection for adjudication of disputes over mental capacity and best interests decisions taken on behalf of incapacitated care-recipients. It also created the Office of the Public Guardian, which was charged with protection of vulnerable persons, and with oversight and training of those who are charged with their care. Since 2007 several high-profile cases have sought to define how the MCA can be used, leading to philosophers at the University of Essex being commissioned to undertake research on the nature of autonomy in public policy and professional practice.
The solution
In order to better understand the issues faced by public policy makers and to share the results of their research the Essex research team has organised a pair of public policy roundtables, co-sponsored by the Essex Autonomy Project, the Office of the Public Guardian, and the Arts and Humanities Research Council. The first of these meetings was held at the Ministry of Justice and focused on interpretation and application of the best interest standard. The second was held at the Medical Research Council and focused on the application of the Deprivation of Liberty Safeguards.
"There is a pressing need in public life to ensure both (a) that members of the judiciary are informed about relevant research, including research relating to their judgments, and (b) that professionals acting in their professional capacity are aware of developments under the law. The researchers associated with the Essex Autonomy Project have played a very useful role on both scores, particularly in connection with the Law of Best Interests and the legal notion of “Deprivation of Liberty.” Their small-scale public policy seminars have fostered frank and free exchange of ideas across the usual professional divides, and have helped explore and communicate important recent developments in the law that governs social care."
Lord Justice Munby
The benefits
The public policy roundtables have served two purposes: they have ensured that research undertaken by the Essex team is informed by the current legal and public policy dilemmas encountered by public policy professionals, plus they have also provided an opportunity for the Essex team to feed its research directly into public policy decision making. The philosophy research has helped to reshape so-called guidance definitions of “best interest,” and has produced a template for revision to the code of practice for the Deprivation of Liberty provisions of the Mental Health Act.
Who to contact
For information about how working with the University of Essex can help your business or organisation, contact
T 01206 872925
E partners@essex.ac.uk
