UCL  IRIS
Institutional Research Information Service
UCL Logo
Please report any queries concerning the funding data grouped in the sections named "Externally Awarded" or "Internally Disbursed" (shown on the profile page) to your Research Finance Administrator. Your can find your Research Finance Administrator at http://www.ucl.ac.uk/finance/research/post_award/post_award_contacts.php by entering your department
Please report any queries concerning the student data shown on the profile page to:

Email: portico-services@ucl.ac.uk

Help Desk: http://www.ucl.ac.uk/ras/portico/helpdesk
 More search options
Prof Jonathan Montgomery
104
Bentham House
Endsleigh Gardens
London
WC1H 0EG
Appointment
  • Professor of Healthcare Law
  • Faculty of Laws
  • UCL SLASH
Biography

In addition to my academic work, I have a number of public service roles. These currently include Chair of the Nuffield Council on Bioethics (the nearest the UK has to a national bioethics committee) and Chair of the Health research Authority (which protects and promotes the interests of participants, patients and the public in health research and aims to streamline its regulation).


My previous national chair roles include the Advisory Committee on Clinical Excellence Awards (2005-14) and the Human Genetics Commission (2009-12). I served on local NHS boards in Hampshire and the Isle of Wight for over twenty years up to March 2013, where my roles included chairing the cluster of primary care trusts that commissioned services for the residents of Southampton, Hampshire, the Isle of Wight, and Portsmouth. I had previously chaired a strategic health authority and two provider trusts.


I chaired the UK Clinical Research Collaboration Working Party on a Strategy for Brain Tissue Banking, and sit on the Scientific Steering Committee of Brain Banks UK. I am a member of the Committee on the Ethical Aspects of Pandemic Influenza. I sat on the Organ Donation Taskforce for its work on presumed consent in 2008 and was been a member of the Medical Ethics Committee of the British Medical Association from 2003 to 2008. I was a member of the panel of advisers to the Morecambe Bay Investigation, which reported in 2015.


I have been involved in the preparation of ethical guidance in a number of areas of health practice, including

Report on the Genetic Testing of Children 2010 (Birmingham: British Society for Human Genetics, 2010).

Public Health Ethics (London: Nuffield Council on Bioethics, 2007).

Withholding or Withdrawing Life Saving Treatment in Children: A Framework for Practice (London, Royal College of Paediatrics and Child Health, 1997).

Genetic Testing of Children: Report of a Working Party of the Clinical Genetics Society (Birmingham, Clinical Genetics Society, 1994).

Guidelines for the Ethical Conduct of Research Involving Children (London, British Paediatric Association, 1992).



Research Summary


My most significant research contributions lie in the field that I have described as Health Care Law, where I am widely recognised as both having redefined the subject area and made a significant contribution to its theoretical understanding. My work is discussed as one of the main theoretical frameworks for the subject area in many monographs and textbooks; e.g. Hervey & McHale Health Law and the EU (2004); O'Donovan in the foreword and the editors Sheldon & Thomson, Feminist Perspectives on Health Care Law (1998); Veitch The Jurisdiction of Medical Law(2007), Coggon What Makes Health Public? (2012). Reviewers of the first edition of my textbook Health Care Law described my work as: ‘some of the most important and interesting legal analysis of medical law as a discipline' (Journal of Medical Ethics), and suggested that I had ‘...created in the last 10 years vantage points from which to get a better sense of the legal environment, framing perspectives through existing sociological insights and informed with empirical findings' (Lancet).


The three principal strands of my approach are that (a) the subject area is better understood as ‘Health Care Law’ than ‘Medical Law’, (b) the widespread assumption that ‘medical law’ is concerned with subjecting doctors to legal regulation in order to promote ethical goals, misrepresents the practice of law-makers who have mostly sought to integrate professional norms into legal practice and reinforce them rather than challenge them, and (c) that more attention needs to be paid to the need to legitimate legal interventions in health care ethics.


More recently, I have developed a programme of work around 'Bioethics Governance', drawing attention to the practices that have emerged to address bioethical issues and bridging the academic and policy disciplines that have interests in the field. The approach is described in my piece 'Bioethics as a Governance Practice' (2016) (http://link.springer.com/article/10.1007/s10728-015-0310-2#/page-1) and you can watch a lecture in which I consider some of these issues in relation to ideas of 'The Public(s) Interest(s) in Bioethics' on YouTube at https://www.youtube.com/watch?v=g8WkPTz-FUM



Teaching Summary

Health Care Law (LLB) considers the role of law in grappling with contemporary problems arising in the context of health services in England. It exploits my connections with the NHS to identify live issues and how they are being approached. Summative assessment is by a law reform project and examination. For the former, students identify an area of health care law of their choice that could be improved, demonstrate its current problems, explain how the reform would be achieved, and why this reform should be introduced. The examination asks students to consider thematic issues; such as whether the law has proved itself sufficiently flexible to be a force for good in the regulation of health care, the role of judges in resolving morally charged disputes in a pluralist society, the protection of the human rights of patients, and virtues and vices of clinical freedom.


Law and Governance of Global Health (LLM) considers the role of domestic and international laws in promoting health, including how health concerns are balanced against other values such as personal liberty, commerce, and free speech. It examines the scope and nature of the 'right to health' and how it has been put into effect in international conventions and specific legal systems. It considers issues around access to care; including justiciable rights to care, and the tension between intellectual property rights and affordable medicines. It explores aspects of tobacco control; including the Framework Convention, country specific restrictions, and disputes around free trade and the packaging of products. The course provides scope for incorporating cases studies chosen to match the interests of students, such as infectious disease control, legal regulation of rationing decisions, the health rights of women and children. It is examined by a ‘take home’ essay.


Bioethics Governance (LLM) draws on my experience of 'public ethics' bodies, including as chair of the Nuffield Council of Bioethics, the Health Research Authority and the Human Genetics Commission. The course explores the governance of bioethical issues in liberal democracies through a combination of conceptual analysis and case studies (drawn principally from the UK, with selected international comparisons). It considers problems in the definition and theory of bioethics, including its nature and scope, and critically examines the question of whether it is a discipline in its own right or a field of study. The course also examines bioethics as a governance practice; whereby issues are deliberated and sometimes regulated using social institutions (e.g. commissions, courts, licensing bodies), raising questions about authority and the ‘enforcement of morality’. Assessment is by a research based project that draws on a number of different cases studies to answer an essay question critically evaluating the most appropriate governance approaches to a problem in bioethics identified by the student, subject to approval by the convenor.

Appointments
01-JUL-2012 Chair   Health Research Authority, United Kingdom
01-FEB-2012 – 28-FEB-2017 Chair   Nuffield Council on Bioethics, United Kingdom
01-FEB-2009 – 31-JAN-2012 Chair   Human Genetics Commision, United Kingdom
01-APR-2005 – 31-MAR-2014 Chair   Advisory Committee on Clinical Excellence Awards, United Kingdom
01-AUG-2001 – 30-SEP-2013 Professor of Health Care Law Law University of Southampton, United Kingdom
01-SEP-1984 – 31-JUL-2001 Reader, Senior Lecturer, Lecturer Law University of Southampton, United Kingdom
Academic Background
1984 LLM Master of Laws – Law University of Cambridge
1983 BA Bachelor of Arts – Law University of Cambridge
Please report any queries concerning the data shown on this page to https://www.ucl.ac.uk/hr/helpdesk/helpdesk_web_form.php
University College London - Gower Street - London - WC1E 6BT Tel:+44 (0)20 7679 2000

© UCL 1999–2011

Search by