JAIME LINDSEY
Biographic Data
| ID | 6308041 |
|---|---|
| NAME | JAIME LINDSEY |
| GIVEN NAMES | JAIME |
| FAMILY NAME | LINDSEY |
| SIGNATURE | LINDSEY J |
| AFFILIATIONS | University of Essex |
| ORCID | 0000-0002-6271-483X |
| VERIFIED | Yes |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 3 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2016 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
Mediation as Therapeutic Resolution for Conflicts about Patient Health and Care
This article shows how mediation can be a form of ‘therapeutic resolution’ in adult health and care disputes. These are typically disputes that arise under the Mental Capacity Act 2005 about an adult's best interests but also include complaints about adult health and care provision. Through novel empirical research, the article develops our understanding and application of a new concept of ‘therapeutic resolution’, applied to health and care medi…
Medical Treatment Disputes and Children
This article presents original empirical analysis of sixteen years of reported case law concerning medical treatment disputes and children. These disputes often arise due to disagreement between healthcare professionals and family members about what healthcare provision is in the best interests of the child. We provide statistical analysis of a database of reported judgments which we have compiled, drawing out key themes arising from the cases. W…
Securing therapeutic justice through mediation
This paper explores the use of mediation in medical treatment disputes through the lens of therapeutic justice (TJ), a concept developed in the 1990s to consider the therapeutic and anti-therapeutic effects of justice systems. The paper argues that mediation may be a mechanism for achieving therapeutic effects for people involved in medical treatment disputes. In doing so, the paper highlights the conflict that can often arise between healthcare …
Grandparents and the Law
How ought intergenerational relationships between grandparent, parent and grandchild be regulated? Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents’ rights? This book goes beyond family law to draw on a wider range of legal, …
Section 48 orders in the Court of Protection
This case note considers the role of section 48 orders under the Mental Capacity Act 2005 following the decision by Mostyn J in A Local Authority v LD and RD [2023] EWHC 1258 (Fam). The case concerned an application for removal from home for a man in his 40s with learning disability, autism and Down’s Syndrome for the purposes of assessment of mental capacity. The case note considers the role and function of interim orders under section 48 as wel…
Social work expertise, best interests and the court of protection
Purpose The purpose of this paper is to consider the role of social work professional evidence in mental capacity law, specifically Court of Protection proceedings. The authors analyse how social workers perform as evidence givers in this domain and how social work as a profession is perceived alongside other professions within the context of adult social care decision-making in mental capacity law. Design/methodology/approach This paper draws on…
Capabilities, capacity, and consent
This article uses original data from research at the Court of Protection to explore capacity to consent to sex in practice. It argues that the approach under the Mental Capacity Act 2005 fails to place appropriate focus on consent as central to understanding sexual capacity. The capabilities approach to justice is then used to demonstrate the limitations of the existing legal approach to capacity to consent to sex, and to argue that the protectiv…
Testimonial Injustice and Vulnerability
This article explores participation in Court of Protection (COP) proceedings by people considered vulnerable. The article is based on original data obtained from observing COP proceedings and reviewing COP case files. It is argued that the observed absence of the subject of proceedings is a form of testimonial injustice, that is, a failure to value a person in their capacity as a giver of knowledge. The issue of competence to give evidence is con…
Developing Vulnerability
Streamlining the approach to depriving a person of their liberty
Keywords: Court of Protectionmental capacityDOLSprocedurerepresentation
Testimonial Injustice and Vulnerability
This article explores participation in Court of Protection (COP) proceedings by people considered vulnerable. The article is based on original data obtained from observing COP proceedings and reviewing COP case files. It is argued that the observed absence of the subject of proceedings is a form of testimonial injustice, that is, a failure to value a person in their capacity as a giver of knowledge. The issue of competence to give evidence is con…
Developing Vulnerability
Streamlining the approach to depriving a person of their liberty
Keywords: Court of Protectionmental capacityDOLSprocedurerepresentation
Testimonial Injustice and Vulnerability
This article explores participation in Court of Protection (COP) proceedings by people considered vulnerable. The article is based on original data obtained from observing COP proceedings and reviewing COP case files. It is argued that the observed absence of the subject of proceedings is a form of testimonial injustice, that is, a failure to value a person in their capacity as a giver of knowledge. The issue of competence to give evidence is con…
Social work expertise, best interests and the court of protection
Purpose The purpose of this paper is to consider the role of social work professional evidence in mental capacity law, specifically Court of Protection proceedings. The authors analyse how social workers perform as evidence givers in this domain and how social work as a profession is perceived alongside other professions within the context of adult social care decision-making in mental capacity law. Design/methodology/approach This paper draws on…
Capabilities, capacity, and consent
This article uses original data from research at the Court of Protection to explore capacity to consent to sex in practice. It argues that the approach under the Mental Capacity Act 2005 fails to place appropriate focus on consent as central to understanding sexual capacity. The capabilities approach to justice is then used to demonstrate the limitations of the existing legal approach to capacity to consent to sex, and to argue that the protectiv…
Grandparents and the Law
How ought intergenerational relationships between grandparent, parent and grandchild be regulated? Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents’ rights? This book goes beyond family law to draw on a wider range of legal, …
Section 48 orders in the Court of Protection
This case note considers the role of section 48 orders under the Mental Capacity Act 2005 following the decision by Mostyn J in A Local Authority v LD and RD [2023] EWHC 1258 (Fam). The case concerned an application for removal from home for a man in his 40s with learning disability, autism and Down’s Syndrome for the purposes of assessment of mental capacity. The case note considers the role and function of interim orders under section 48 as wel…
Medical Treatment Disputes and Children
This article presents original empirical analysis of sixteen years of reported case law concerning medical treatment disputes and children. These disputes often arise due to disagreement between healthcare professionals and family members about what healthcare provision is in the best interests of the child. We provide statistical analysis of a database of reported judgments which we have compiled, drawing out key themes arising from the cases. W…
Securing therapeutic justice through mediation
This paper explores the use of mediation in medical treatment disputes through the lens of therapeutic justice (TJ), a concept developed in the 1990s to consider the therapeutic and anti-therapeutic effects of justice systems. The paper argues that mediation may be a mechanism for achieving therapeutic effects for people involved in medical treatment disputes. In doing so, the paper highlights the conflict that can often arise between healthcare …
Mediation as Therapeutic Resolution for Conflicts about Patient Health and Care
This article shows how mediation can be a form of ‘therapeutic resolution’ in adult health and care disputes. These are typically disputes that arise under the Mental Capacity Act 2005 about an adult's best interests but also include complaints about adult health and care provision. Through novel empirical research, the article develops our understanding and application of a new concept of ‘therapeutic resolution’, applied to health and care medi…
Law (9 works) · Political science (9 works) · Psychology (9 works) · Law (8 works) · Sociology (6 works) · Social Psychology (5 works) · Healthcare Decision-Making and Restraints (4 works) · Medicine (4 works) · Mental health (4 works) · Social Psychology (4 works)