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Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 3: at court
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 45p.
- Place of publication:
- London
This report, the third in a series of six, considers the process of attending court, including arriving at court, waiting to go into the court room, being in the court room and giving evidence. Generally, court users made their way to the court room alone and were daunted by the formal environment; this stress was significantly reduced by prior familiarisation with the court process, the presence of a support worker, and the support of the Witness Service in criminal courts. Court users who felt they needed support were willing to disclose their condition, but were not always aware of whether disclosure was appropriate or who was responsible for informing the court. In turn, staff often assumed that identification would already have occurred and did not feel that they had the expertise to carry out this function. Where the judiciary were aware of need, the adjustments which they made were helpful to court users and increased their sense of inclusion in proceedings. In criminal cases, special measures were helpful in supporting court users to give evidence. More specialist support was only required by those who felt unable to manage their conditions.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 2: before court
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 51p.
- Place of publication:
- London
This report, the second in a series of six, outlines the experiences of court users with these vulnerabilities from their first involvement with the justice system until their attendance at court. Across the courts, conditions were more likely to be identified when a support worker was present with the court user. In criminal cases, experiences varied greatly depending upon police awareness of the court user’s support needs. In civil proceedings, a lack of contact with the courts could impede identification, and court users depended on legal representatives or existing support networks to identify needs and provide support. Identification was most likely in family proceedings where assessments and close contact with professionals were common. Court users were unlikely to disclose their condition unprompted. Protocols for support in criminal courts meant that court users were more content with the level of information and support offered than was the case in civil and family proceedings, where no protocols or designation of responsibility for support existed.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 6: technical report
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 26p., bibliog.
- Place of publication:
- London
This report, the sixth in a series of six, presents details on a research project exploring the court experience of adults with mental health conditions, learning disabilities and limited mental capacity. The research relates to victims and witnesses in criminal cases, and to participants in civil and family cases. The report outlines the background to the research and presents the project’s research aims and methodology. This research was designed to investigate how the court system supports the complex and specific needs of adults with mental health conditions, learning disabilities and limited mental capacity. It explored the direct experiences of victims and witnesses in criminal cases, and case participants in civil and family courts. The project had two phases: a developmental scoping study and a programme of interviews with practitioners, court users and carers. The methodology was entirely qualitative. Recruitment was conducted in house through contact with a range of networks and support organisations. All study participants voluntarily self-disclosed their conditions, and definitions of conditions followed participants’ own usage. A process of informed consent tailored to individual need was used for all interviews.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 4: after court
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 25p.
- Place of publication:
- London
This report, the fourth in a series of six, outlines the ‘after-court’ process, including receiving verdicts in court, leaving the court and making the journey home, awaiting outcomes and receiving news at home, and moving on from the experience. Hearing a verdict in court and receiving news of the case outcome at home were times of particular stress and low mood for court users. They needed clear explanations to understand their case outcome, and emotional support to come to terms with it. Co-ordination between agencies to ensure that the court user was adequately supported at this point required careful management, but there are few protocols for support provision following court appearances. Many of the court users who were interviewed for this research did not feel any further support was necessary following case closure. However, where it was required, communication and cross-referrals between service providers were important to ensure the court user was not left unsupported.
Excluded from citizenship? People with mental health vulnerabilities and the civil justice system in Scotland (Part 2)
- Author:
- PATRICK Hilary
- Journal article citation:
- SCOLAG Journal, 364, February 2008, pp.29-31.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
This article considers the progress made by the Scottish Executive in reforming the court system to better meet the needs of people with mental vulnerability, in particular through the Vulnerable Witnesses (Scotland) Act 2004.
In the case of justice...
- Author:
- HOPKINGS Graham
- Journal article citation:
- Community Care, 21.07.07, 2007, pp.36-37.
- Publisher:
- Reed Business Information
The author reports on three new developments to promote better justice and protection for vulnerable adults. The initiatives highlighted are: a witness pocket book guide; a picture book for adults or adolescents who cannot read or have difficulty reading; and an intermediary scheme to aid communication between the witness and the court.
The role of the Court of Protection in safeguarding
- Authors:
- KEENE Alex Ruck, STRICKLIN-COUTINHO Kelly, GILFILLAN Henry
- Journal article citation:
- Journal of Adult Protection, 17(6), 2015, pp.380-390.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to outline how questions relating to capacity arise in the context of safeguarding, and when applications to the Court of Protection are required in relation to those who may lack capacity. It also seeks to provide guidance as to how applications to the Court of Protection should be made so as to ensure that they are determined effectively and in a proportionate fashion. Design/methodology/approach: The paper draws on the practical experience of practising barristers appearing before the Court of Protection, and on the experience of a social worker who is an MCA/DOLS lead at a London local authority. The paper proceeds by way of a review of the relevant statutory provisions, an overview of the Court of Protection and then to a practical analysis of when and how applications to the Court need to be made. Findings: When to go to the Court of Protection in the safeguarding context is poorly understood, and there has not been proper recognition of the fact that proceedings for “adult care orders” have a strong forensic analogy with applications for care orders in relation to children. It is only by recognising these forensic similarities that local authorities can properly make use of the Court of Protection in the discharge of their obligations to vulnerable adults in their area. Practical implications: The paper should lead to a recognition that there is a specialist “adult protection court” within the Court of Protection, and that applications for adult care orders to that court require specific and careful preparation and presentation. It will therefore lead to better use of the Court of Protection in the safeguarding context and – ultimately – a better balance between empowerment and protection of vulnerable adults who may lack capacity. Originality/value: The paper is original in combining both legal and social work expertise to reach practical conclusions as to why such poor use has been made of the Court of Protection in safeguarding context. Its value lies in the deployment of that expertise to suggest how better use can be made in the future. (Publisher abstract)
Interviewing adults with intellectual disabilities
- Authors:
- GUDJONSSON Gisli H., JOYCE Theresa
- Journal article citation:
- Advances in Mental Health and Intellectual Disabilities, 5(2), March 2011, pp.16-21.
- Publisher:
- Emerald
People with intellectual disabilities are recognised as being at a disadvantage when coming into contact with the criminal justice system as victims, witnesses or suspects. Their disadvantage relates to all components of the criminal justice system, but the focus in this paper is on police interviews and the capacity of adults with intellectual disabilities to give evidence in Court. The aim of the paper is to consider the research evidence on the relevant vulnerabilities and most effective ways of interviewing people with intellectual disabilities, and to outline some practical guidance on how those working with people with intellectual disabilities can ensure that they enable them to give an account of the difficulties they may be experiencing. Research into the types of vulnerability seen by people interviewed by police have focused on interviewees' understanding of the Oath and their legal rights, suggestibility, acquiescence, compliance and perceptions of the consequences of making self-incriminating admissions. The essential components of any interview and testifying in court require that the person can communicate effectively and give reliable answers and accounts of events. Research into police interviews has highlighted the importance of taking into account the interviewee's vulnerabilities and providing appropriate support. The research suggests a need for a more humane approach to interviews and legal reforms to protect vulnerable people testifying in Court.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 5: policy processes, services and practices
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 28p., bibliog.
- Place of publication:
- London
This report, the fifth in a series of six, provides an overview of the policies, services and practices in place across the court system to support the needs of adults with mental health conditions, learning disabilities and limited mental capacity. Two key policy processes within the criminal justice system are relevant. The first aims to better enable vulnerable or intimidated witnesses to give best evidence in court. The second aims to improve the criminal justice system more widely to better meet the needs of victims and witnesses. A range of protocols are used by the police and the CPS to facilitate the identification and support of this group of court users. In the civil justice system, service delivery in this area has been guided by two policy aims: to improve, simplify and speed up the litigation system, and to strengthen the law in relation to Anti-Social Behaviour Orders, including the extension of special measures to anti-social behaviour cases. In the family courts, policy to harmonise the Family Procedure Rules with the Civil Procedure Rules, and guidelines to support the use of McKenzie Friends for litigants in person, are in place. The overarching policy outputs relevant to the study are the amended Mental Health Act (2007), the Mental Capacity Act (2005), the Disability Discrimination Act (2005), and the Department of Health’s ‘No Secrets’ (2000) guidance on protection of vulnerable adults.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 1: overview and recommendations
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 32p.
- Place of publication:
- London
This report, the first in a series of six, outlines the key findings from the research into the opportunities for identification of court users with these vulnerabilities, and the extent of subsequent support, varied across the courts. A number of relevant policies and processes have been introduced in recent years. However, these tended not to be designed specifically for court users with mental health conditions, learning disabilities and limited mental capacity. Furthermore, policies related to particular stages of the court case or to particular agencies, rather than the whole ‘journey’ of an individual victim, witness or case participant through the justice system. The report therefore recommends a clear support pathway for vulnerable court users, supported by improved systems of accountability and the establishment of small multi-disciplinary teams. Better processes for early identification of conditions, and guidelines to increase awareness of how disclosures can be made, are also recommended. A single point of contact for vulnerable court users throughout a case is proposed, along with increased dissemination of tailored information, improved access to legal representation, additional and improved training for professionals, and improvements to implementation of special measures.