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Mr Phil Bates

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Lecturer in Law

You can email Mr Phil Bates directly; but for media enquiries please contact a member of The Open University's Media Relations team.

Staff profile

See below for Mr Phil Bates's:

Biography

Phil is a Lecturer in Law at the Law School. He studied law at the University of Sheffield, as an undergraduate and for a Masters degree is Socio-Legal Studies. He has taught law at the University of Reading, and at King's College London, where he was also a member of the Centre for Medical Law and Ethics. He has also worked at the Law Commission, first as a Research Assistant, and later as a Government Lawyer. He has carried out empirical socio-legal research as a member of the Thomas Coram Research Unit of the University of London.

All of these roles have involved examination of aspects of the legal treatment of children and mentally vulnerable adults. Within this broad area, he has written about aspects of family law, child law, medical law, mental health law, criminal law, and the law of evidence, as well as aspects of human rights law. Phil is also legally qualified in the USA, as a member of the New York State Bar, and is interested in comparative research, examining differences between legal developments in Europe and the USA.

Phil's work at the Law Commission contributed to two major pieces of legislation: the Mental Capacity Act 2005, and the provisions on 'familial homicide' in the Domestic Violence, Crime and Victims Act 2004. He has also contributed to professional guidance issued by the British Medical Association, and by the Royal College of Paediatrics and Child Health, influencing children's medical treatment, medical research, and life-and-death decision-making.

Research interests

My research interests focus upon the law's approach to children and mentally vulnerable adults. Within this broad area, I am interested in aspects of family law, child law, medical law, mental health law, criminal law, and the law of evidence, as well as human rights law. I am legally qualified in the USA, and am interested in comparative aspects of legal developments between Europe and the USA.

Research student supervision

Publications

Journal papers
Bates, PD  (1999)  'The youth justice and criminal evidence act - the evidence of children and vulnerable adults', Child and Family Law Quarterly, vol. 11, issue 3, pp. 289-303.
Brophy, J, Bates, PD  (1998)  'The position of parents using experts in care proceedings: a failure of "partnership"?', Journal of Social Welfare and Family Law, vol. 20, issue 1, pp. 23-48.
Brophy, J, Bates, PD  (1998)  'The role of the guardian ad litem and expert evidence in care proceedings', Adoption and Fostering, vol. 22.
Bates, PD  (1995)  'Secure accommodation: in whose interests?', Child and Family Law Quarterly, vol. 7, Jordan & Sons Ltd., pp. 70-73.
Bates, PD  (1994)  'Children in secure psychiatric units: Re K, W and H - 'out of sight, out of mind'?', Journal of Child Law, vol. 6, pp. 131-137.
Books
Bates, PD  (2010)  'Family Law Statutes, 2010-11', Routledge Student Statutes, Abingdon, Routledge, pp. 480. Abstract
Bates, PD  (2009)  'Family Law Statutes 2009-10', Routledge Student Statutes, Abingdon, Routledge, pp. 704. Abstract
Bates, PD  (2009)  'Routledge Family Law Statutes', Routledge-Cavendish.
Hale, B, Pearl, D, Cooke, EJ, Bates, PD  (2002)  'The Family, Law and Society: cases and materials, 5th edition', LexisNexis UK, pp. 856.
Brophy, J, Bates, PD, Brown, L, Cohen, S, Radcliffe, P  (1999)  'Expert evidence in child protection litigation: where do we go from here?', London, Stationery Office Books.
Brophy, J, Wale, CJ, Bates, PD  (1999)  'Myths and Practices: a national survey of the use of experts in child care proceedings', London, British Association for Adoption & Fostering (BAAF).
Hoggett, BM, Pearl, D, Cooke, EJ, Bates, PD  (1996)  'The Family, Law and Society: cases and materials, 4th edition', Butterworths Law.
Book chapters
Grubb, A, Scott, R, Lewis, P, Bates, PD  (2003)  'The law relating to consent', Eckstein, S (ed.) Manual for Research Ethics Committees, 6th edition, Cambridge University Press, pp. 89-95.
Kennedy, I, Bates, PD  (2003)  'Research ethics committees and the law', Eckstein, S (ed.) Manual for Research Ethics Committees: Centre of Medical Law and Ethics, 6th edition, Cambridge University Press, pp. 15-17.
Bates, PD  (2003)  'Responsibilita e protezione delle persone con disturbi mentali nel diritto inglese', Ferrando, G and Visintini, G (eds) Follia e Diritto, CG.
Bates, PD  (2002)  'Family law', All England Law Reports Annual Review 2001, Butterworths Law.
Bates, PD  (2001)  'Family law', All England Law Reports Annual Review 2000, Butterworths Law.
Bates, PD  (2000)  'Family law', All England Law Reports Annual Review 1999, Butterworths Law.
Bates, PD  (1999)  'Family law', All England Law Reports Annual Review 1998, Butterworths Law.
Bates, PD  (1998)  'Family law', All England Law Reports Annual Review 1997, Butterworths Law.
Reports
Brophy, J, Bates, PD  (1999)  'The guardian ad litem complex cases and the use of experts following the Children Act 1989', Research Report for the Department for Constitutional Affairs, Justice, Rights and Democracy, Lord Chancellor's Department.
Brophy, J, Wale, CJ, Bates, PD  (1997)  'Training and support in the guardian ad litem and reporting officer service', Research Report for the Department of Health.
Bates, PD, Brophy, J  (1996)  'The appliance of science? The use of experts in child court proceedings: a court-based study', Research Report for the Department of Health, Oxford Centre for Family Law and Policy, University of Oxford.