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60 second brief

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Hear from Ben Troke on the Conway decision - dealing with assisted suicide

Like Diane Pretty and Tony Nicklinson before him, Noel Conway has failed to persuade the courts to change the law on assisted suicide. Even where as a result of disability someone cannot commit suicide without outside help, assisting suicide being a criminal offence is a justifiable interference with his Article 8 rights to private and family life.

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The judgment on N v A CCG - resource allocation decisions and best interests

On 22 March, the Supreme Court handed down a much anticipated judgment on N v A CCG on the relationship between resource allocation decisions and best interests.

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Landmark judgment on deprivation of liberty in hospital - Ferreira v Coroner of Inner South London

In Ferreira v Coroner of Inner South London (26 January 2017) the Court of Appeal has delivered a landmark judgment on deprivation of liberty in the context of acute medical treatment.

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Autonomy and paternalism

Ben explains the balance of respecting autonomy, while protecting those who can’t make decisions and explains how this is captured in the five principles of the Mental Capacity Act.

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Training video

Best interests and allocation of resources

Ben Troke clarifies the distinction between a best interest decision and the allocation of resources, considering some examples of case law.

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Collaborative decision making and the role of the next of kin

Ben explains the process when a person lacks capacity, who the decision maker is and their role, as well as the status of the 'next of kin'.

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Deprivation of liberty

Ben Troke explains how ‘deprivation of liberty’ is implemented in English law, in a health and social care context, for those who lack capacity.

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Making decisions

In this video Ben takes a step back to explain what is meant by 'mental capacity' and the decision making process.

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The acid test

Ben expands on the 'acid test' definition of deprivation of liberty from Cheshire West and the interpretation of “continuous supervision and control” and being “not free to leave”.

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The definition of deprivation of liberty

Ben explains how we can define what a deprivation of liberty is and the importance of understanding this properly.

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