Blog Index

2nd August 2021 Court considers how to operate against patient’s will by Daniel Cloake

30th July 2021 Life-sustaining treatment contrary to his best interests: Lessons from a supplementary hearing by Jenny Kitzinger

28th July 2021 Capacity for Litigation, Residence and Care: Hunger-Striker (WA) back in court by Jo Beswick

27th July 2021 Covid vaccination contrary to parents’ wishes by Celia Kitzinger

22nd July 2021 Observing a Court of Protection hearing as year 11 and year 13 students by Martha Purdy, Meg Aitken and Claire Martin

20th July 2021 A best interest decision about life-sustaining treatment for a person with profound neurological injury following COVID-19 infection by Jennifer O’Neill

15th July 2021 Delay is inimical to P’s welfare: Guidance on clinically-assisted nutrition and hydration for PDoC patients by Jenny Kitzinger

14th July 2021 “What is he saying to us?” The ‘voice’ of a hunger-striking man in a best interests decision about his medical treatment by Gill Loomes-Quinn

13th July 2021 Dental Clearance with Post Intensive Care Syndrome: A Compassionate Decision by Hayden J by Mary Neal

9th July 2021 Capacity to Engage in Sexual Relations: A forthcoming Supreme Court hearing by Charlotte Roscoe and Celia Kitzinger

7th July 2021 Predatory marriage and coercive behaviour: A hearing before Roberts J by Celia Kitzinger

5th July 2021 On care, coercion and childbirth in the Court of Protection by Ruth Fletcher

29th June 2021 Delays in finding an Acquired Brain Injury Placement: “A very significant degree of muddle” by Gaby Parker

28th June 2021 Keeping Mum in her own home: Deprivation of Liberty and Powers of Attorney for health and welfare by Celia Kitzinger

25th June 2021 “You can’t ask the High Court to turn a blind eye to illegal detention” by Claire Martin

24th June 2021 Urgency, delayed decision-making and ethics in the Court of Protection by Dominic Wilkinson

23rd June 2021 Resolving End-of-Life Treatment Conflicts: Comparing the COP in England to Analogous Mechanisms in Ontario, California, and Texas by Thaddeus Mason Pope

23rd June 2021 Clinically-assisted nutrition and hydration: Decisions that cannot be ignored or delayed by Jenny Kitzinger

22nd June 2021 Hillingdon 10 Years on: Another Deprivation of Liberty by Mark Neary

21st June 2021 An urgent court-authorised Caesarean: Seeing behind a published judgment by Rebecca Brione

17th June 2021 Chaos in court and incompetent decision-making: Visual monitoring Part 2 by Claire Martin

15th June 2021 Happy First Birthday to the Open Justice Court of Protection Project by Celia Kitzinger and Gill Loomes-Quinn

14th June 2021 A junior doctor watches his first hearing by Sam Elcock

11th June 2021 Evidence of risk of planned home birth by James Walker

10th June 2021 ‘No Entry’ – Open Justice at the RCJ by Daniel Cloake

8th June 2021 Best interests decisions when P’s views and wishes cannot be determined by Katharine Shipley

7th June 2021 “An onlooker at someone else’s social event”: A mother’s experience of the court, by Anonymous

4th June 2021 My midwife heart weeps: Opinion on a court-ordered hospital birth by Kathryn Gutteridge

3rd June 2021 “Not nothing”? The Late Term Foetus in the Court of Protection by Mary Neal

28th May “I have agoraphobia and I had a home birth” by Michelle Bromley-Hesketh

27th May Re: An Expectant Mother [2021] EWCOP 33: A lawyer’s perspective by Victoria Butler-Cole

26th May 2021 Choice, human rights and childbirth in the Court of Protection by Rebecca Brione

25th May 2021 Human rights in maternity and the Court of Protection by Members of the Perinatal Mental Health (PMH) Midwives UK Forum

24th May 2021 Phobias, paternalism and the prevention of home birth by Dominic Wilkinson

23rd May 2021 Dignity and its uses by Claire Martin

21st May 2021 First Impressions of Hayden J in the Court of Protection by Emma Heron and Olwen Cockell

17th May 2021 Agoraphobia, pregnancy and forced hospital admission: Public responses to media reports by Celia Kitzinger

9th May 2021 Inspired by Bournewood: A s.21A challenge and delay in the court by Evie Robson and Celia Kitzinger

4th May 2021 Why covid vaccination is NOT in this care home resident’s best interests by Astral Heaven

29th April 2021 Court-enforced amputation or patient autonomy? by Celia Kitzinger with Claire Martin

28th April 2021 A best interests decision about contraception and residence by Jasmine Thomson

14th April 2021 Bringing Lucy home by Claire Martin

9th April 2021 Right to family life in a care home during a pandemic: Michelle Davies, Part 2 by Evie Robson

8th April 2021 Difficulty Accessing the Court of Protection as Observers by Evie Robson and Claire Martin

7th April 2021 Faith, Science and the objectivity of expert evidence by Celia Kitzinger (with links to judgments)

1st April 2021 He’s Polish: Challenging reporting restrictions by Celia Kitzinger

31st March 2021 A perspective from the ICU on best interests at the end of life (with links to judgments) by Alex Warren

30th March 2021 Ambiguity and uncertainty in clinical reasoning by Derick Wade

30th March 2021 Use of videos in assessing consciousness: A clinical perspective by Lynne Turner-Stokes

29th March 2021 Seeing is Believing? Patient Videos in Life-Sustaining Treatment Disputes (with links to judgments) by Jenny Kitzinger

26th March 2021 A life worth living? The importance of advance decisions (with link to judgment) by Izzy Grove

24th March 2021 Parents in conflict over life-sustaining treatment for their daughter (with link to judgment) by Abigail Brown and Ffion Power

16th March 2021 Delay in a s.21A challenge to the capacity requirement by Celia Kitzinger

10th March 2021 How not to do open justice in the Court of Appeal by Celia Kitzinger

6th March 2021 Visual monitoring, Deprivation of Liberty and human rights by Claire Martin

3rd March 2021 A mother speaks out about the Court of Protection by Celia Kitzinger

26th February 2021 Observing my first hearing as a Year 12 student by Evie Robson

25th February 2021 Mentoring undergraduates to observe a Court of Protection hearing by Jenny Kitzinger

24th February 2021 Two journalism undergraduates observe a Court of Protection hearing (with link to judgment) by Sophia Chew and Kimberley Wilkes

23rd February 2021 Ethical complexity in a life-sustaining treatment case (with link to judgment) by Bonnie Venter

22nd February Treatment withdrawal in the ICU when clinicians and family disagree by Bridget Penhale

19th February 2021 The Prologue to a Life Story by Rebecca Poz

16th February 2021 Who is to blame if the COVID-19 vaccination causes harm to P? by Bridget Penhale

15th February 2021 Covid vaccination in the Court of Protection by Bonnie Venter

10th February 2021 Endoscopic dilatation against P’s wishes? by Ravina Bahra

1st February 2021 Returning P to her family abroad during a global pandemic by Ravina Bahra

22nd January 2021 Capacity for sex and marriage by Claire Martin and Celia Kitzinger

19th January 2021 A mother abroad and a family dispute – Part 2 by Daniel Cloake

15th January 2021 A hotel as an interim placement by Celia Kitzinger

11th January 2021 A mother abroad and a family dispute Part 1, by Kristy Regan

7th January 2021 Excluding the public from Court of Protection hearings: A case before Mr Justice Keehan by Celia Kitzinger

23rd December 2020 Unwanted amputation and its likely aftermath by Monica Young

21st December 2020 An inappropriate placement and Article 8 rights by Beverley Clough

18th December 2020 Autoerotic asphyxiation: capacity and best interests by Sarah Daniel

16th December 2020 Unseemly turf wars and uncoordinated care by Jenny Kitzinger

14th December 2020 Is it lawful for C’s carers to support him in accessing a sex worker? by Astral Heaven

9th December 2020 Waiving anonymity to promote care home visiting rights by Celia Kitzinger

3rd December A parent’s reflection on “Michael” – a young man with complex needs and no suitable placement by NB

2nd December 2020 An unsuitable placement approved by the Court by Caroline Hanman

1st December 2020 Challenging Reporting Restrictions in the Court of Protection by Brian Farmer

25th November 2020 Inviting family into the decision-making process by Caroline Barry

23rd November 2020 Refusing kidney dialysis – a daughter’s reflections by Julie Morton

20th November 2020 Accountability for the rape of a vulnerable woman by Adam Tanner

17th November 2020 Deprivation of Liberty at an Urgent Hearing by Caroline Hanman

13th November 2020: Privacy, Capacity, and the Judge’s Communication Skills by Celia Kitzinger and others

9th November 2020: Should life-sustaining treatment be continued? by Vedamurthy Adhiyaman and others

2nd November 2020: When Expert Evidence Fails by Celia Kitzinger, Claire Martin, Beth Williams. and Katy Dobia

29th October 2020: From black letter law to real-life decision making by Lucy Williams

28th October 2020: A COVID-Secure Attended Hearing by Adam Tanner

22nd October 2020: Where P should live by Bridget Penhale

14th October 2020: Influencing ‘best interests’ decisions: An eloquent incapacitious P by jenny Kitzinger

12th October 2020: A Decision about Capacity by Celia Kitzinger

8th October 2020: Dementia, Cats and Football by Joe Lord

7th October 2020: A law graduate’s first experience of a COP (telephone) hearing by Emily Williscroft

7th October 2020: Observing as a GDL student in the (virtual) Court of Protection by Ella Fornsworth

6th October 2020: Amputation: A best interests decision for the surgeon by Carrie Hanman

6th October 2020: A Permissive Order For Amputation Contrary to P’s Wishes by Adam Tanner

1st October 2020: Applying to be a deputy in place of the court-appointed deputy by Alice Ferguson

29th September 2020: A Litigant in Person returns to the virtual court – Navigating Approaches to Care when Family and Local Authority Disagree – Part 2, One Week On by Hilary Paxton and Aalia Omar

28th September 2020: Advance Requests for Restraint and Compulsory Treatment by Celia Kitzinger

11th September 2020: Covert medication by Claire Martin and Alan Howarth

7th September 2020: Authorising restraint– an uneasy judicial decision by Matthew Timm

1st September 2020: Justice Delayed by Gill Loomes-Quinn

28th August 2020: “I have reached a clear conclusion that AB lacks capacity to decide whether or not she should be tube fed.” – Commentary on Judgment by Lily Wildman and Emma Christie

19th August: When P is in prison by Celia Kitzinger

19th August: Questions of Capacity by Louise Burrell

18th August 2020: A Patient with Severe and Enduring Anorexia Nervosa: The need for a declaration and the capacity to make a decision by Lily Wildman and Emma Christie

17th August 2020: Bearing Witness: Anorexia Nervosa and NG Feeding by Clare Fuller

14th August 2020: From Prison in Ireland to Care Home in England by Adam Tanner

13th August 2020: Accessing Open Justice: Our Experience by Emma Christie and Lily Wildman

12th August 2020: Should P’s ‘Litigation Friend’ instruct P’s lawyer to promote P’s wishes and leave ‘Best Interests’ decision-making to the judge? by Jenny Kitzinger

3rd August 2020: Addressing the Oral Judgment to the Person it Most Concerns by Celia Kitzinger

31st July 2020: Navigating Approaches to Care when Family and Local Authority Disagree by Hilary Paxton

29th July 2020: Over-ruling P’s Strong Wishes in a Best Interests Decision: Autonomy, Protection and P’s voice by Celia Kitzinger with Astral Heaven and Jenny Kitzinger

24th July 2020: A Stop-Start Hearing by David Haxon

22nd July 2020: Restrictions, Covid-19 and a Glass of Champagne by Jacqui Bond

17th July 2020: A Tale of Two Sisters by Kirsty Keywood

13th July Hunger Striking for his Identity: Autonomy, Capacity, and Justice by Celia Kitzinger and Others

10th July 2020: Till death do us depart… by George Julian

9th July 2020: Older People and Decision-Making in the Court of Protection – View from a Psychologist by Claire Martin

8th July 2020: Observing Court Hearings – Valuable Training for Solicitors by Natalie Matthews

6th July 2020: A Case Manager observes in the Court of Protection by Jackie Waggott

2nd July 2020: Protection versus Autonomy and Pragmatism versus Principle: A Balancing Act in the Court of Protection by Patrick

1st July 2020: Seven Perspectives on a Court of Protection hearing by Celia Kitzinger et al.

29th June 2020: Articulate, Eloquent and Passionate – but does P have the Mental Capacity to Make Decisions about Four Areas of her own Life? by David Thornicroft

24th June 2020: Capacity and Death in the Court of Protection by NB (with link to published judgment)

22nd June 2020: Person-Centred Decision Making in the Court of Protection by Sara Shorten

20th June 2020: Transparency in the Court of Protection by Patrick (with link to published judgment)

19th June 2020: Observing my First Court of Protection Hearing by Meriel Scott

18th June 2020: Seeing, Hearing, and Understanding Justice Being Done by Olwen Cockell

17th June 2020: One and a Half Remote Hearings by Upeka de Silva

Themed Posts and ‘Explainers’

23rd May 2021 Dignity and its uses by Claire Martin

29th April 2021 On being ‘that person’: A disabled perspective on ‘ZA’ by Gill Loomes-Quinn

27th April 2021 Transparency, Privacy and the history of the Court of Protection by Janet Weston

20th January 2021 How being watched changes how justice is done: ‘Insider’ Perspectives by Celia Kitzinger

18th January 2021 Does being watched change how justice is done? A researcher’s reflections by Gill Loomes-Quinn

6th January 2021 “RPR”, “IMCA” and “Paralegal” – what are these roles? by Tory Smith

7th December 2020 Disability, Social (In)visibility, and the Importance of Open Justice by Gill Loomes-Quinn

18th November 2020 What does the Court of Protection need to know about “borderline personality disorder”? by Keir Harding

11th November 2020: Advance decisions on intimacy by Alex Ruck-Keene

5th November 2020: Psychiatric Survivors’ Views on Advance Consent and ‘Forced’ Treatment by Magdalena Furgalska

21st October 2020: Ethical issues in restraining patients for dialysis by Jordan A. Parsons

13th October 2020: Costs and benefits of acting as expert witness in the Court of Protection by A Serious Brain Injury Case Manager

5th October 2020: How to use CourtServe by Celia Kitzinger

18th September 2020: The myths and mistakes of capacity and criminality by Ian Brownhill

3rd September 2020: Lasting Powers of Attorney: Preferences and Instructions by Heledd Wyn

17th August 2020: How to Find a Court of Protection Hearing to Observe by Celia Kitzinger

21st July 2020: Lived Experience and Professional Expertise as a Lawyer in the Court of Protection by Kirsty Stuart

15th July 2020: A Basic Guide to the Court of Protection by Alex Ruck Keene

14th July 2020: British Sign Language Interpretation in the Court of Protection by Tony Evans

7th July 2020: Who’s Who in the Court of Protection? by Tor Butler-Cole

30th June 2020: Embedding Open Justice Through a University Law Clinic by Jaime Lindsey

29th June 2020: Two weeks of Open Justice Court of Protection by Gill Loomes-Quinn and Celia Kitzinger

26th June 2020: Bundles and Bundles of Documents by Kyle Squire

23rd June 2020: Transparency Orders: Reflections of a Public Observer by Celia Kitzinger

18th June 2020: Making Transparency a Reality in the Court of Protection: A Rallying Call for Autistic Pride Day 2020 by Gill Loomes-Quinn

Project News

13th May 2021: Welcoming Claire Martin and Kirsty Stuart

25th September 2020: New Hearing Feedback Form by Gill Loomes-Quinn and Celia Kitzinger

16th July 2020: NEWS: Gill Loomes-Quinn will be talking about the Project at the Mental Disability Law – Postgraduate and Early Career Researcher Seminar on Wednesday 22nd July by Gill Loomes-Quinn

20th July 2020: DRUM ROLL…Introducing our New Logo

15th June 2020: Welcome to our Blog! by Celia Kitzinger and Gill Loomes-Quinn