Ethnicity, learning disability, and the Mental Capacity Act 2005 : a social constructionist ethnography of an integrated learning disability service

Boahen, Godfred Fordjour (2014). Ethnicity, learning disability, and the Mental Capacity Act 2005 : a social constructionist ethnography of an integrated learning disability service. PhD thesis The Open University.

DOI: https://doi.org/10.21954/ou.ro.0000d5be

Abstract

This thesis explores how the Mental Capacity Act 2005 (MeA) is operationalised within an integrated statutory learning disability service and examines how the legislation IS manifested in everyday lived experience of an ethnic minority. In England and Wales, the MCA established a framework for assessing cognitive decision-making ability with mental capacity conceptualised as 'objective', 'rational' and person-specific. Taking as points of departure rationality and individualism which are associated with Western liberal democracy, the MCA evokes interest in how the notion of mental capacity is understood within different cultures. In the statutory context, with on-going heated debates about the epistemology of mental capacity, there is the need to examine how professionals concretise an arguably nebulous concept in their roles. These aforementioned issues are addressed in this thesis through examination of data collected during two phases of ethnographic fieldwork in a London local authority. Proposing a new relational model as a theoretical approach, I P:: .. it is argued that ethnicity, learning disability, and mental capacity emanate from human interactions; therefore, greater attention should be paid to context and localised meanings to better understand how they interact in everyday living.

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