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Inclusion under the Mental Capacity Act (2005): A review of research policy guidance and governance structures in England and Wales
Author(s) -
Ryan Hayley,
Heywood Rob,
Jimoh Oluseyi,
Killett Anne,
Langdon Peter E,
Shiggins Ciara,
Bunning Karen
Publication year - 2021
Publication title -
health expectations
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.314
H-Index - 74
eISSN - 1369-7625
pISSN - 1369-6513
DOI - 10.1111/hex.13165
Subject(s) - inclusion (mineral) , summative assessment , mental health , code of practice , empowerment , vulnerable adult , challenging behaviour , public relations , psychology , corporate governance , intellectual disability , autism , medical education , nursing , medicine , pedagogy , political science , social psychology , psychiatry , management , law , engineering , engineering ethics , economics , formative assessment
Objective To investigate how people with communication and understanding difficulties, associated with conditions such as dementia, autism and intellectual disability, are represented in research guidance supplementary to the Mental Capacity Act (MCA: 2005) in England and Wales. Methods A documentary survey was conducted. The sample comprised the MCA Code of Practice (CoP: 2007) and 14 multi‐authored advisory documents that were publicly available on the Health Research Authority website. Textual review of key words was conducted followed by summative content analysis. Results Representation of people with communication and understanding difficulties was confined to procedural information and position statements that focused mainly on risk management and protection. Whilst a need to engage potential participants was recognized, guidance provided was imprecise. Conclusions Tensions exist between the protection versus empowerment of people with communication and understanding difficulties in research. The development of structured, evidence‐based guidance is indicated. Patient or public contribution People with communication and understanding difficulties and carers participated in a working group to explore, discuss and interpret the findings.

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