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Journal of Forensic Practice, vol. 21 no. 4
Type: Research Article
ISSN: 2050-8794

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Content available
Article
Publication date: 10 January 2020

Owen P. O’Sullivan and Jaleel Mohammed

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The Journal of Mental Health Training, Education and Practice, vol. 15 no. 1
Type: Research Article
ISSN: 1755-6228

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Article
Publication date: 10 June 2020

Owen P. O'Sullivan

The prominence of the best interests principle in the Mental Capacity Act 2005 represented an important transition to a more resolutely patient-centred model regarding…

Abstract

Purpose

The prominence of the best interests principle in the Mental Capacity Act 2005 represented an important transition to a more resolutely patient-centred model regarding decision-making for incapable adults (“P”). This paper aims to examine the courts’ consideration of P’s values, wishes and beliefs in the context of medical treatment, reflect on whether this has resulted in a wide interpretation of the best interests standard and consider how this impacts clinical decision makers.

Design/methodology/approach

A particular focus will be on case law from the Court of Protection of England and Wales and the Supreme Court of the UK. Cases have been selected for discussion on the basis of the significance of their judgements for the field, the range of issues they illustrate and the extent of commentary and attention they have received in the literature. They are presented as a narrative review and are non-exhaustive.

Findings

With respect to values, wishes and beliefs, the best interests standard’s interpretation in the courts has been widely varied. Opposing tensions and thematic conflicts have emerged from this case law and were analysed from the perspective of the clinical decision maker.

Originality/value

This review illustrates the complexity and gravity of decisions of the clinical decision makers and the courts have considered in the context of best interests determinations for incapacitated adults undergoing medical treatment. Subsequent to the first such case before the Supreme Court of the UK, emerging case law trends relating to capacity legislation are considered.

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The Journal of Adult Protection, vol. 22 no. 3
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 18 August 2022

Owen P. O'Sullivan, Anita Bignell, Jennifer Powell, Sandra Parish, Lloyd Campbell, Hannah Iannelli, Chris Attoe and Grégoire Billon

During COVID-19, Maudsley Simulation successfully pivoted to fully online delivery of simulation-based education (SBE) in mental health. In migrating digitally, the…

Abstract

Purpose

During COVID-19, Maudsley Simulation successfully pivoted to fully online delivery of simulation-based education (SBE) in mental health. In migrating digitally, the simulation faculty experienced a range of new phenomena and challenges. The authors’ experiences may be transferable to other specialities and for other educator groups. By sharing the authors’ experiences, this study aims to support others adapt to online SBE.

Design/methodology/approach

This piece represents the authors’ collective reflections on the challenges of adapting their facilitation skills to the online environment. It also offers various suggestions on how to improve the learner experience in view of these challenges.

Findings

Beyond merely platform orientation and operating procedure familiarisation, the team gained insights into ensuring optimal learning, engagement and participant experience during online deliveries. Delivery of online SBE brings several potential barriers to psychological safety and these warrant careful consideration by experienced simulationists.

Practical implications

Optimising participant engagement and psychological safety remain key considerations despite this novel medium. Facilitators must be willing to adapt accordingly to begin delivering high-quality online SBE.

Originality/value

From their experience, facilitators must reframe their debriefing expectations and adjust how they engage participants and manage group dynamics given the inherently different nature of this new learning environment.

Details

The Journal of Mental Health Training, Education and Practice, vol. 18 no. 1
Type: Research Article
ISSN: 1755-6228

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Article
Publication date: 9 July 2021

Owen P. O'Sullivan

Financial abuse can be difficult to detect, and it is deemed to have the same potential to cause distress as other forms of abuse. The delegation of financial affairs…

Abstract

Purpose

Financial abuse can be difficult to detect, and it is deemed to have the same potential to cause distress as other forms of abuse. The delegation of financial affairs brings with it the scope for degrees of exploitation. This study aims to assess the adequacy of the statutory provisions and courts in England and Wales at protecting at risk older people from the harm of financial abuse.

Design/methodology/approach

This review focuses on the enduring power of attorney and the lasting power of attorney provisions. Cases discussed were selected based on their judgments’ significance in relation to these powers, the range of issues illustrated and the extent of associated commentary and attention received in the literature. This piece is presented as a narrative review, and as such, references to case law and associated commentary are non-exhaustive.

Findings

Shortcomings and vulnerabilities are identified and explored with respect to both provisions. These are contrasted and contextualised in view of the broader challenges and complexities associated with preventing financial abuse within society. Key consideration is given to powers of creation, registration, supervision, objection and revocation in addition to the role and powers of both the Office of the Public Guardian and the Court of Protection.

Originality/value

Given these powers of attorney are exercised during a donor’s lifetime, they will directly experience their effects. This review illustrates there remains scope for further reform to introduce new safeguards and bolster existing ones to mitigate the risk of financial exploitation and to support people to plan and safeguard their financial future with increased confidence and security.

Details

The Journal of Adult Protection, vol. 23 no. 4
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 1 December 2020

Owen P. O'Sullivan, Nynn Hui Chang, Philip Baker and Amar Shah

East London NHS Foundation Trust (ELFT) is a major provider of mental healthcare and community health services. Quality improvement (QI) has become central to its…

Abstract

Purpose

East London NHS Foundation Trust (ELFT) is a major provider of mental healthcare and community health services. Quality improvement (QI) has become central to its organisational policy and goals for which it has received national and international attention.

Design/methodology/approach

This piece reflects on the Trust's transformation and its approach. It provides many examples and discusses several of the associated challenges in building and sustaining QI momentum. It is the result of a range of perspectives from staff involved in planning and building large-scale QI capability. It contextualises QI's current status in UK mental healthcare.

Findings

Several key factors were identified: board-led commitment to organisational transformation; investment in training and resources to support staff motivation; clear and realistic project goals in line with the service's over-arching strategic direction; support for service users and staff at all levels to get involved to address issues that matter to them; and, finally, placement of a high value on service user and staff qualitative feedback.

Practical implications

Building QI capability represents a significant challenge faced by all large healthcare providers. Sharing experiences of change can assist other organisations achieve the necessary buy-in and support the planning process.

Originality/value

Achieving and sustaining lasting organisational change in healthcare is challenging. This article provides a background on QI at ELFT and reflects on the pathway to its present position at the forefront of the application of QI within healthcare.

Details

International Journal of Health Governance, vol. 26 no. 1
Type: Research Article
ISSN: 2059-4631

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Abstract

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The Journal of Forensic Practice, vol. 24 no. 1
Type: Research Article
ISSN: 2050-8794

Article
Publication date: 12 March 2018

Karen Corteen

The purpose of this paper is to explore critically the potentially harmful business of professional wrestling in the USA as state-corporate crime.

Abstract

Purpose

The purpose of this paper is to explore critically the potentially harmful business of professional wrestling in the USA as state-corporate crime.

Design/methodology/approach

This paper comprises desk-based research of secondary sources. The lack of official data on the harms experienced by professional wrestlers means that much of the data regarding this is derived from quantitative and qualitative accounts from internet sites dedicated to this issue.

Findings

A major finding is that with regard to the work-related harms experienced by professional wrestlers, the business may not be wholly to be blamed, but nor is it entirely blame free. It proposes that one way the work-related harms can be understood is via an examination of the political economic context of neo-liberalism from the 1980s onwards and subsequent state-corporate actions and inactions.

Practical implications

The paper raises questions about the regulation of the professional wrestling industry together with the misclassification of wrestlers’ worker status (also known as wage theft and tax fraud) and the potential role they play in the harms incurred in this industry.

Social implications

The potential wider social implications of the misclassification of workers are raised.

Originality/value

The originality and value of this paper is the examination of work-related harms within the professional wrestling industry through the lens of state-corporate crime.

Details

Journal of Criminological Research, Policy and Practice, vol. 4 no. 1
Type: Research Article
ISSN: 2056-3841

Keywords

Book part
Publication date: 24 March 2021

Marc Schneiberg

Despite recent advances, neither organizational studies nor the scholarship on economic resilience has systematically addressed how the ecologies of organizations that…

Abstract

Despite recent advances, neither organizational studies nor the scholarship on economic resilience has systematically addressed how the ecologies of organizations that populate local economies can serve as infrastructures for responding proactively to economic shocks. Using county-level data, this study analyzes relationships between the prevalence of organizational alternatives to shareholder value-oriented (SVO) corporations within a particular locality and its unemployment levels during and after the Great Recession. The results support the hypothesis that the presence of such alternative organizations can enhance the capacities of local economies to resist and recover from recession shocks. Cooperative, municipal, and community-based enterprises, research universities, and nonprofits more generally were associated with greater resistance to the recession shock and stronger recoveries – specifically, lower surges in unemployment rates from 2007 to 2010 and greater reductions in unemployment rates from 2010 to 2016. By contrast, SVO corporations were associated with greater surges in unemployment and perhaps weaker recoveries. Providing a proof of concept, this study opens up new lines of inquiry for organizational studies by linking organizational ecologies to the promotion of collective efficacy and a more broadly shared prosperity in economic life.

Details

Organizational Imaginaries: Tempering Capitalism and Tending to Communities through Cooperatives and Collectivist Democracy
Type: Book
ISBN: 978-1-83867-989-7

Keywords

Book part
Publication date: 11 May 2007

William Lazonick

In their well-known contribution to the “varieties of capitalism” debate, Peter Hall and David Soskice (2001, Ch. 1) highlight the distinction between a “coordinated…

Abstract

In their well-known contribution to the “varieties of capitalism” debate, Peter Hall and David Soskice (2001, Ch. 1) highlight the distinction between a “coordinated market economy” as exemplified by Germany and a “liberal market economy” as exemplified by the United States. Under the heading, “Liberal Market Economies: The American Case”, Hall and Soskice (2001, p. 27), argue:Liberal market economies can secure levels of overall economic performance as high as those of coordinated market economies, but they do so quite differently. In LMEs, firms rely more heavily on market relations to resolve the coordination problems that firms in CMEs address more often via forms of non-market coordination that entail collaboration and strategic interaction. In each of the major spheres of firm endeavor, competitive markets are more robust and there is less institutional support for non-market forms of coordination.

Details

Capitalisms Compared
Type: Book
ISBN: 978-1-84950-414-0

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