Mental Capacity and Traumatic Brain Injury

Research question Does English legislation on mental capacity meet the needs of people with Traumatic Brain Injury (TBI)? Aims Identify how the legislation and supporting policy was intended to identified if a person with TBI had capacity in relation to a matter. Identify how the legislation and policy intended to empower, but also protect those with TBI. Indentify how case law on mental capacity effected people with TBI. Identify issues for social work practice which have arise from the legislation. Identify the implications for people with TBI of the House of Lords Review of the legislation and the Law Commission Consultation on reforming the legislation. Objective To highlight the strengths and pitfalls of the legislation for those working with TBI, to enable social workers to be better equipped to effectively support them.