Exploring the ethical implications when involving research participants who lack the capacity to give informed consent: A perspective from mental health social work research in the UK

This paper explores the ethical challenges of involving research participants who lack the capacity to give informed consent to be involved in research. These issues were addressed as part of a doctoral research project that... [ view full abstract ]

This paper explores the ethical challenges of involving research participants who lack the capacity to give informed consent to be involved in research. These issues were addressed as part of a doctoral research project that uses observational methods to explore the practice of Approved Mental Health Professionals (AMHP) during Mental Health Act 2007 assessments in a case study site in England. The researcher is also a Social Work practitioner/AMHP who has responsibility for carrying out work under the Mental Health Act. The decisions that AMHPs make can directly lead to an individual being deprived of their liberty in a hospital for the purposes of psychiatric assessment and treatment, but there is a lack of research evidence that explores how and why AMHPs make decisions in this context. As a Mental Health Act assessment often takes place in an emergency or crisis situation, often unplanned, it is not always possible to gain informed consent from the service user who is subject to assessment, prior to an observation taking place. However, this paper argues that this should not prevent the topic being subject to the focus of research given the potential impact that this area of practice has on the human rights of individuals.

This paper discusses the process of gaining ethical approval to conduct this type of research and the ways in which the Mental Capacity Act 2005 can assist in overcoming barriers to involving people who lack the capacity to consent to be a participant. The paper includes researcher reflections on the ways in which research can both empower and potentially disempower service users and the challenge of seeking to ensure that research is carried out in an ethically and morally sound way.