The Thinking Mind Podcast: Psychiatry & Psychotherapy

E110 - Is Sectioning People Ethical? Mental Health Law, Capacity, Assisted Dying, the Insanity Defence (w/ Alex Ruck Keene)

Feb 7, 2025

In this engaging discussion, Alex Ruck Keene, a prominent barrister at 39 Essex Chambers and a Professor at King's College London, dives into the ethical implications of the Mental Health Act. He explores what it means to be sectioned, the safeguards in place for patients, and the pressures faced by mental health professionals. The conversation delves into complex topics like assisted dying and mental capacity, challenging listeners to consider the balance between patient autonomy and legal responsibilities. A thought-provoking listen for anyone interested in mental health law.

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Intro

00:00 • 2min

Navigating the Mental Health Act

02:12 • 7min

Navigating Mental Health Law and Ethics

09:07 • 21min

Navigating Mental Health Detention: Legal Frameworks and Ethical Dilemmas

29:39 • 20min

Navigating Mental Health Law

49:58 • 5min

Navigating the Complexities of the Mental Health Act

54:55 • 2min

Navigating Mental Capacity and Autonomy

56:41 • 21min

Mental Health and Criminal Responsibility

01:17:50 • 9min

Navigating Assisted Dying Legislation

01:27:17 • 11min

Balancing Autonomy and Ethical Complexities in Mental Health Law

01:37:59 • 3min

Alex Ruck Keene KC (Hon) is a barrister at 39 Essex Chambers in London, specializing in mental capacity, mental health, and healthcare law.

In recognition of his significant contributions beyond the courtroom, Alex was appointed Honorary King's Counsel in March 2022. Beyond his legal practice, Alex is involved in academia and policy development. He serves as a Professor of Practice at the Dickson Poon School of Law, King's College London, and as a Visiting Senior Lecturer at the Institute of Psychiatry, Psychology and Neuroscience at King's College London.

Alex has been instrumental in shaping mental health and capacity law policy. He was a consultant to the Law Commission's Mental Capacity and Deprivation of Liberty Project and served as the legal adviser to the Independent Review of the Mental Health Act 1983 in 2018.

Today we discuss:

What is the purpose of the mental health act?

What does it mean to be sectioned?

What are the safeguards and appeals available to sectioned patients?

How to think about complex questions legally like suicide and assisted dying

The pressures mental health professionals face when making legal decisions

What is the legal concept of “Capacity”?

Warning: This conversation includes frank discussion about serious matters such as suicide and assisted dying.

You can find out more about Alex's work here: https://www.mentalcapacitylawandpolicy.org.uk/about-the-author/

Further accessible resources regarding the mental health act: https://www.mind.org.uk/information-support/legal-rights/mental-health-act-1983/mental-health-act-faqs/

Interviewed by Dr. Alex Curmi. Dr. Alex is a consultant psychiatrist and a UKCP registered psychotherapist in-training.

If you would like to invite Alex to speak at your organisation please email alexcurmitherapy@gmail.com with "Speaking Enquiry" in the subject line.

Alex is not currently taking on new psychotherapy clients, if you are interested in working with Alex for focused behaviour change coaching , you can email - alexcurmitherapy@gmail.com with "Coaching" in the subject line.

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