Blog Index

On this page, you will find a list of links to past blog posts (in reverse date order)

You can click on any of the titles to view the posts.

If you are interested in writing or contributing to a blog post for us, check out our Supporting Guidance for Bloggers – you can find and download it on our About the Project page.

28th April 2024 “For now, it’s a ‘no'”: Court considers access to Grand Theft Auto, by Gill Loomes-Quinn

21st April 2024 When P’s best interests aren’t in a Council’s financial interests by Daniel Clarke

19th April 2024 A contested capacity hearing by Nell Robson and Claire Martin

15th April 2024, “A most distinguished man”  by Claire Martin

14th April 2024 Extraordinary restrictions – “family are the experts” by Celia Kitzinger

11th April 2024 Two hats: Mother as Rule 1.2 representative and (now) litigation friend by Celia Kitzinger

9th April 2024 Family tragedy and institutional delay in best interests decisions about life-prolonging treatment by Celia Kitzinger and Jenny Kitzinger

8th April 2024 “The immediate steps in the aftermath of that judgment”: Increasing concerns, a TZ care plan, and judicial continuity by Daniel Clark

27th March 2024 “ I want to go home” – catching up with GNK 13 months later for the final hearing by Celia Kitzinger

26th March 2024 When P stops eating and drinking by Ian Brownhill

25th March 2024 Committal hearing: Struck out and dismissed for procedural defects by Celia Kitzinger

24th March 2024 A newly addicted observer’s reflections by “Jean Louise” (pseudonym, daughter of a current P)

22nd March 2024 The story of TW and her amazing friend and attorney – two years on by “Anna”, pseudonym (daughter of a past P)

21st March 2024 Depriving a young person of his liberty: Law or parental responsibility by Tim Sugden

18th March 2024 When two legal teams turn up in court to represent P: Disputed capacity to conduct proceedings by Celia Kitzinger

17th March 2024 ‘The point is this – she is scared and vulnerable’: Judge about Laura Wareham by Claire Martin

15th March 2024 Forewarned is forearmed by “Rose”

14th March 2024 An articulate and intelligent P is found to lack capacity: Laura Wareham in court by “Anna”

12th March 2024 US expert to assess whether COVID-19 vaccination is in P’s best interests  by Celia Kitzinger

11th March 2024 Judge declines to authorise a deprivation of liberty (for now) by Daniel Clark

10th March 2024 A rock and a hard place: Abortion decision for an incapacitous and conflicted P by Celia Kitzinger

9th March 2024 Outsourcing legal reporting to a Christian campaign group: Churnalism in “The Times” by Celia Kitzinger

8th March 2024 “I’ve said my piece” – a social worker on long-term sick leave, a lack of communication and a frustrated judge by “Anna” (daughter of a P)

7th March 2024 Life-Sustaining Treatment applications:  Hayden J confirms guidance in Re EUP by Hita Jadeja

3rd March 2024 A tribute to E: How anorexia and ‘Re E’ made me a Court of Protection lawyer by Anonymous CoP lawyer (with commentary from barrister Pippa Pudney)

29th February 2024 “Apologies for any inconvenience caused”: A failure of open justice by “Anna” (daughter of a P)

28th February 2024 Committal and sentencing with a possibly incapacitous contemnor by Celia Kitzinger

27th February 2024 When families want to tell their story: Discharging a transparency order by Celia Kitzinger and “Anna”

26th February 2024 Lasting Powers of Attorney: The problem with leaving it too late by George Palmer

25th February 2024 Expert witness in anorexia cases by Ty Glover

21st February 2024 Inaudible in-person proceedings: A practical barrier to transparency and open justice by Tim Sugden

1st February 2024 “Private” Hearings: An Audit by Celia Kitzinger

31st January 2024 Two law students’ first observation of a COP hearing by Kei Yong and Isabella Treston

29th January 2024 A disappointing failure of open justice: DJ OmoRegie says no by George Palmer

25th January 2024 “Unusual restrictions” for a 17-year-old by Claire Martin

22nd January 2024 Judge approves P’s conveyance (against his wishes) to a care home – and tells lawyers to “just stop!” routinely anonymising public bodies in draft Transparency Orders by Daniel Clark

17th January 2024 “An awful state”: Self-neglect and mental capacity by Ian Brownhill

14th January 2024 Covid vaccination and T-cell immunity: A renewed application for expert evidence by Celia Kitzinger

12th January 2024 Can a judge discharge a Deputy without determination of wrong-doing? Statutory interpretation in action by Celia Kitzinger

18th December 2023 A ‘closed hearing’ to end a ‘closed material’ case by Celia Kitzinger

17th December 2023 Older lady “very sorely let down” by local authority with “multiple failings” by Daniel Clark

13th December 2023 Counselling and support needed for family members in the Court of Protection by “Hope” (pseudonym)

11th December 2023 Mastectomy against her wishes, family concerns and a Trust penalised for delay by Celia Kitzinger

7th December 2023 Warrant for arrest of P’s mother by “Anna” (pseudonym – daughter of a P)

5th December 2023 British Sign Language, Capacity, and Transparency by Celia Kitzinger

30th November 2023 Transferring P to a different hospital: No longer a best interests decision by Rhiannon Snaith

30th November 2023 Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents by Amy Dadarria and Celia Kitzinger

24th November 2023 The ‘voice’ of P in a s.21A hearing: Reflecting on lost opportunities by Gill Loomes-Quinn

19th November 2023 Court cannot rely on remote capacity assessment by Celia Kitzinger with Eleanor Tallon

14th November 2023 Back to square one in a complex case by Daniel Clark

12th November 2023 Still no exit plan and “we are some way away from the ideal scenario”: Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44 by Celia Kitzinger

8th November 2023 Judge’s order sold for £5: Monetising open justice by Celia Kitzinger

6th November 2023 Bournemouth, Christchurch and Poole Council named as “secret” body in restraint case by Celia Kitzinger

31st October 2023 Observing a Failed Re X hearing: “it sounds like ‘Cassie’ is being unlawfully deprived by contact restrictions” by Eleanor Tallon

29th October 2023 Judge concerned about “restraint regime” for learning-disabled man prohibits naming public body by Celia Kitzinger

27th October 2023 Another case of s.21A delay (with a happy ending) by John Harper

25th October 2023 Tampering with equipment or failings in care? A fact-finding hearing (Part 2) by Anna, Pippa Arnold, John Harper, Gail Heslop, Ellen Lefley, Celia Kitzinger, Claire Martin, Tess Saunders and Ann Wilson (co-ordinated and curated with an introduction by Celia Kitzinger)

24th October 2023 Application to appeal the finding that Andy Casey is dead by Daniel Clark

22nd October 2023 A ‘good news story’: Kidney dialysis trial for 17-year-old with learning disabilities by Avaia Williams

18th October 2023 Tampering with equipment or failings in care? A fact-finding hearing (Part 1) by Deborah Airey, Anna, Jordan Briggs, Nikki Bowsley, Febienne Green, John Harper, Daisy Long, Gill Loomes-Quinn, Claire Martin and Tom McBride (co-ordinated and curated with an introduction by Celia Kitzinger)

10th October 2023 ‘Failed Re X’: Deprivation of liberty and Re X (the streamlined process) – a social work perspective by Eleanor Tallon

8th October 2023 Time pressures for a decision about haemodialysis by Daniel Clark

4th October 2023 Mental Capacity, Disability, and ‘Voice’: A Socio-Legal Exploration  by Gill Loomes-Quinn

2nd October Her day in court: Attorney fights to clear her name in the face of accusations from her brother and the Public Guardian by Georgina Baidoun

24th September 2023 ‘The horse has already bolted’: Transparency in a case of “brain-stem death” by Celia Kitzinger (with Brian Farmer)

20th September 2023 Access challenges in the Family Court: On not being allowed to observe the Indi Gregory hearing by Rhiannon Snaith

19th September 2023 Who cares for P? “Pragmatic harmony” finally breaks out in court by Hartej Singh Saund-Matharu

19th September 2023 Man on children’s ward due to no suitable placement by Ahmed Hussain

15th September 2023 Anxious scrutiny or boilerplate? Evidence on Transparency Orders by Celia Kitzinger

14th September 2023 Moving towards transition from children’s to adult services by Claire Martin

13th September 2023 How we get there: Conveyance plans in the Court of Protection by Ian Brownhill

10th September 2023 Evidence for Ministry of Justice Consultation on “Open justice – the way forward” by Celia Kitzinger

3rd September 2023 Capacity to consent to sexual relations: “I want my freedom back” by Anna

25th August 2023 A court system creaking under its own weight: Transparency challenges by Daniel Clark

23rd August 2023 Closed Material Hearing: A ‘forced marriage’ hearing before Theis J by Celia Kitzinger

22nd August 2023 “I am very concerned … that the current situation is not tenable”: High risk behaviour and questions about jurisdiction by Daniel Clark

20th August 2023 “Not at risk of life and limb”: Room to breathe in a complex case by Daniel Clark

17th August 2023 Assessing and treating leg ulcers of a resistant patient: A law student’s first COP hearing by George Palmer

15th August 2023 Is he deprived of his liberty? (Plus a request to vary the reporting restrictions – again) by Celia Kitzinger

11th August 2023 Varying reporting restrictions to name Kent County Council in “shocking” delay case by Celia Kitzinger

8th August 2023 A s.21A challenge for a ‘restricted’ patient: A “shocking” delay by Febienne Green

4th August 2023 Adjournment and interim judgment – Hayden J’s fact-finding hearing by Celia Kitzinger

2nd August 2023 Coma and treatment withdrawal: An unusual case by Rhiannon Snaith

1st August 2023 Application to continue an injunction forbidding P’s son from obstructing health and social care staff by Pippa Arnold

27th July 2023 A judicial embargo and our decision to postpone by Celia Kitzinger

24th July 2023 Fact-finding hearing: “Little short of outright war” by Celia Kitzinger

20th July 2023 Giving P “one more roll of the dice” by Claire Martin

18th July 2023 Very like London buses – several ‘property and affairs’ hearings all at once by Georgina Baidoun

16th July 2023 Cancer investigations – with restraint authorised if required by Celia Kitzinger

14th July 2023 Covert medication, the ‘causative nexus’ and (yet again) issues with the Transparency Order by Daniel Clark

12 July 2023 The logic, law and language of Lasting Power of Attorney: A case before Hayden J by Claire Fuller

11th July 2023 Just another failure of open justice: DJ Bland in Lancaster County Court by Celia Kitzinger

11th July 2023 Restricting family contact, and family ‘abuse’ of staff: An adversarial Court of Protection hearing by Claire Martin

9th July 2023 Removing P to another country to evade the orders of the Court by Celia Kitzinger

7th July 2023 Gagged – in whose best interests? by Anna

6th July 2023 Overcoming the challenges of observing my first remote hearing in the Court of Protection by Peter C Bell

3rd July 2023 ‘What God has put together, let no man put asunder’: A s.21A challenge and the limits of Power of Attorney by Celia Kitzinger

25th June 2023. Impasse’ on face-to-face contact between mother and daughter by Celia Kitzinger

15th June 2023 Happy Third Birthday to the Open Justice Court of Protection Project by Celia Kitzinger, Gill Loomes-Quinn, Claire Martin and Kirsty Stuart

11th June 2023 ‘Refusing to engage’: A first hearing by Celia Kitzinger

9th June 2023 Struggling with transparency and a family under stress by Celia Kitzinger

7th June 2023 P loses bungalow option due to assessment delays by Celia Kitzinger

5th June 2023 A ‘bog standard’ s.21A case: Anna’s mum by Celia Kitzinger

2nd June 2023 Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA by Claire Martin

31st May 2023 ‘It’s unclear how urgent this is’: A case concerning covert medication by Daniel Clark

23rd May 2023 New home for man who lives in bathroom by Celia Kitzinger

17th May 2023 On not authorising restraint for bowel surgery by Celia Kitzinger

15 May 2023 “What I need to decide is whether it’s her call or not”: Capacity in the context of anorexia (Temporarily removed due to judicial concern – we hope to reinstate after the judgment is published)

13 May 2023 “A lively personality” in a complex medical case: Jordan Tooke and haemodialysis by Daniel Clark

12 May 2023 The most complex of best interests: Organ donation, learning disability, and the options on the table by Ruby Reed-Berendt and Bonnie Venter

23rd April 2023 A family at breaking point by Celia Kitzinger

21st April 2023 Opaque justice in the Court of Protection: A dispute about the validity of Lasting Power of Attorney by Daniel Clark

18th April 2023 Unplanned disclosure and (still) no agreed ‘exit plan’: Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44 continues by Celia Kitzinger

16th April 2023 After the kidney transplant: The view from “Team William” by Ami McLennan

14th April 2023 Disadvantaged litigants in person and a long search for a placement by Celia Kitzinger

25th March 2023 Conflating capacity and best interests? Cross-examining a neuropsychiatrist by Claire Martin

20th March 2023 Emergency placement order in a closed hearing by Celia Kitzinger

17th March 2023 ‘Deprived of her liberty’: My experience of the court procedure for my mum, by “Anna” (daughter of P)

16th March 2023 Where shall P live? by Celia Kitzinger

16th March 2023 Treatment escalation for a teenager in ICU by Rhiannon Snaith

14th March 2023 When P objects to an expert by Celia Kitzinger

12th March 2023 “This is a quagmire and it needs to be urgently done”: LPA objections, disputed capacity and an imperative need for a panel deputy by Eleanor Tallon

10th March 2023 Discharge from hospital: Light at the end of a very long tunnel by Daniel Clark

8th March 2023 Injunction against a mother: ‘Biting the bullet’ by Avaia Williams

3rd March 2023 ‘The baby has to come out’: Court-authorised caesarean when subject-matter and litigation capacity are disputed by Ruby Reed-Berendt

1st March 2023 A ‘closed materials’ hearing on forced marriage by Celia Kitzinger

28th February 2023 Capacity to litigate: A young woman with Anorexia Nervosa by Celia Kitzinger

26th February 2023 The silent courtroom: A remote hearing without sound – and why transparency matters by Celia Kitzinger

22nd February 2023 Man lives for months in care home bathroom: “An egregious situation” by Celia Kitzinger

21st February 2023 Standoff about the appropriate expert: A pragmatic judicial solution by Celia Kitzinger

20th February 2023 Review of court-authorised insertion of a PEG tube contrary to her wishes: Has it “all worked out” for EJ? by Upeka de Silva

19 February 2023 A challenging capacity assessment and a professional witness in court by Josie Seydel and Claire Martin

16 February 2023 Forced Marriage Protection Order by Celia Kitzinger

13th February 2023 Is she detainable under s.3 Mental Health Act? Two Trusts disagree and a placement is in jeopardy by Celia Kitzinger

10th February 2023 Validity of Lasting Power of Attorney: Observing my first Court of Protection hearing by Libby Crombie

8th February 2023 New Guidance on Closed Hearings from the Vice President of the Court of Protection by Celia Kitzinger

8th February 2023 Approving discharge arrangements and deprivation of liberty by Celia Kitzinger

8th February 2023 A committal hearing to send P’s relative to prison – and the challenges of an in-person hearing by Claire Martin

6th February 2023 Covert medication of persons lacking capacity: What guidance is there? by Aswini Weereratne

2nd February 2023 Uncertainty about capacity for contact – and the inappropriateness of using the inherent jurisdiction by Josie Seydel

1st February 2023 Committal hearings and open justice in the Court of Protection by Brian Farmer and Celia Kitzinger

31st January 2023 ‘Test case’ on Lasting Powers of Attorney – with troubling delay by Celia Kitzinger

29th January 2023 ‘Vindicated!’ The experience of P in the Court of Protection by JH and NB (a P in the Court of Protection and a family member)

23rd January 2023 Observing my first hearing: Plan to terminate contact if father is abusive to carers by  Josie Seydel

19th December 2022 Deprivation of Liberty Safeguards: A course for families by Anna (Daughter of P)

14th December 2022 “He deserves a chance”? Continuities and shifts in decision-making about life-sustaining treatment by Jenny Kitzinger

9th December 2022 Researching the Court of Protection: Accessing hearings as a PhD student by Rhiannon Snaith

7th December 2022 Observing a remote hearing in court with the judge by Celia Kitzinger

6th December 2022 “It will all work out”: The limits of a positive attitude in the Court of Protection by Upeka de Silva and Jemma Woodley

5th December 2022 Hoarding disorder, dementia and a wish to return home by Celia Kitzinger

2nd December 2022 “I don’t want to be here… I want to go home” by Catalia Griffiths

30th November 2022 Coercive and controlling behaviour continuing after brain injury: Matters of finance and contact by Joanna Booth

28th November 2022 Decision-making with clarity and compassion: Validity of LPAs and appointment of Deputy by Clare Fuller

22nd November 2022 Closed Hearings: Submission to the Rules Committee by Celia Kitzinger

17th November 2022 No ‘exit plan’: Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44 by Celia Kitzinger

16th November 2022 When wishes and feelings change: A s.21A case but the applicant is now happy with where she lives by Joanna Booth

3rd November 2022 Application to name a protected party in the context of ‘jigsaw identification’ by Brian Farmer and Celia Kitzinger

28th October 2022 Improving P’s quality of life pending a s.21A change in residence by Celia Kitzinger

24th October 2022 When capacity for contact and sex do not align: Pragmatic decisions and judicial work-arounds by Ruby Reed-Berendt

20th October 2022 A ‘hypothetical’ marriage and a snowball rolling downhill by Lorraine Currie

20th October 2022 A property and affairs application: Observations about P’s role and who should pay costs by Georgina Baidoun

18 October 2022 Cancer treatment in the face of unknowns and expert disagreement by Ruby Reed-Berendt

15th October 2022 Reflections on open justice and transparency in the light of Re A (Covert Medication: Closed Proceedings) [2022] EWCOP 44 by Celia Kitzinger

12th October 2022 “I have to tell you something which may well come as a shock”, says Court of Protection judge by Daniel Cloake

10th October 2022 Statement from the Open Justice Court of Protection Project concerning an inaccurate and misleading blog post by Celia Kitzinger, Gill Loomes-Quinn, Claire Martin & Kirsty Stuart (the core group for the Open Justice Court of Protection Project)

21st September 2022 Medical treatment for people with learning disabilities: Telling Robert Bourn’s story and the challenges of ‘transparency’ by Celia Kitzinger

12th September 2022 A Respondent To A Deputy (Property And Financial Affairs) Application Asks For An Order That Will Ensure Payment Of Care Home Fees by Georgina Baidoun

8th September 2022 Can P return to Ireland? by Celia Kitzinger

5th September 2022 Office of the Public Guardian steps in when attorneys don’t agree by Georgina Baidoun

2nd September 2022 Dietary Restrictions, aggression, and a placement in jeopardy (plus transparency matters) by Celia Kitzinger

31st August 2022 “The parties should work together and not rush to court in a litigious way. It is not ready to be heard”: Reflections from a Best Interests Assessor by Eleanor Tallon

23rd August 2022 “I am fearful for my daughter’s life”: Serious medical treatment in a contentious case by Celia Kitzinger

19th August 2022 Unusually, this applicant had to pay costs in a Property and Financial Affairs case – the penalty for wasted work by Georgina Baidoun

17th August 2022 A case of hoarding by Celia Kitzinger

15th August 2022 Reflections from a social worker on a case about capacity for sex: Hull City Council v KF by Sara Linnane

15th August 2022 Capacity to have sexual relations with a specific partner: In the matter of Hull City Council v KF [2022] EWCOP 33 by Aisling Mulligan

10th August 2022 COVID-19 vaccination with sedation: Instructing an expert by Anna (with Celia Kitzinger)

8th August 2022 Surgery for scoliosis when P indicates he doesn’t want it by Celia Kitzinger

5th August 2022 Court-authorised caesarean section for a mother with sickle cell disease who wants her baby to “see her face first” by Claire Martin and Laura Room

5th August 2022 Who should take responsibility for property and financial affairs – the Local Authority or the family? by Georgina Baidoun

4th August 2022 Anorexia and refusing nutrition: An observer’s perspective on A Mental Health Trust v BG by Charlotte Buck

3rd August 2022 Observing a s.21A hearing and the importance of correctly drafting a Lasting Power of Attorney, by Anna (daughter of a P)

2nd August 2022 Accessing a Court of Protection hearing as an observer: My experience by Anna (daughter of a P)

28th July 2022 A contested hearing about whether or not to have another hearing, by Celia Kitzinger

27th July 2022 A deputy’s first experience of observing a Court of Protection hearing by Jamal L Din

25th July 2022 Determining capacity for sex with her abuser by Celia Kitzinger

25th July 2022 Serious Medical Treatment and Restraint: A young woman with HIV by Daniel Clark

22nd July 2022 An “unacceptable” care placement – and why public observers help to hold the state to account by Jordan Briggs

21st July 2022 Family members as parties to proceedings: Pros and cons by Astral Heaven

19th July 2022 After more than 4 months in hospital (for “assessment”), there’s a new placement and a transition plan for Mr M by Celia Kitzinger

13th July 2022 “Grave concerns”: Funding arrangements, capacity for sex, and a TZ-style care plan by Celia Kitzinger

9th July 2022 Trial of living at home – successful so far by Celia Kitzinger

4th July 2022 Mental capacity assessment and transition plan for a man with schizophrenia and ulcerated legs by Diana Sant Angelo

30th June 2022 A first experience of observing in the Court of Protection by Georgina Baidoun

28th June 2022 “Abusive” wife agrees to move out of “the matrimonial home” with continuing (albeit restricted) contact with P: An agreed order by Bridget Penhale

27th June 2022 ‘Micro-management’ or appropriate case management by the court for a ‘dangerous young man’? by Claire Martin

24th June 2022 When P can’t go home to his “abusive” wife: Another ineffective hearing by Celia Kitzinger

22nd June 2022 “She is religious and she is a fighter”: Three perspectives on best interests decision-making in the Court of Protection from ‘Compassion in Dying’ by Jemma Woodley, Zach Moss, and Upeka de Silva

21st June 2022 Sisters’ dispute over Deputyship – and a concern about open justice by Daniel Cloake

19th June 2022 Resisting Care: An unsuccessful s.21A challenge from a ‘feisty’ 94-year-old by Celia Kitzinger

15th June 2022 Happy Second Birthday to the Open Justice Court of Protection Project by OJCOP Core Team

14th June 2022 Making Disabled Lives Visible – Reflections Two Years On by Gill Loomes-Quinn

12th June 2022 A short hearing and a failure to agree by Mollie Heywood

12th June 2022 Fairness in court for a Litigant in Person by Celia Kitzinger

9th June 2022 Conditions on contact between mother and son: Missing P’s voice by Celia Kitzinger

8th June 2022 Bringing a very long saga to an end: A final hearing, transparency issues, and delays with a charging decision by Paige Taylor

3rd June 2022 “What good is it making someone safer if it merely makes them miserable?” A contested hearing and delayed trial of living at home by Celia Kitzinger

27th May 2022 Treatment delay: “My son has got disabilities but that doesn’t mean he’s a nobody”, by Celia Kitzinger

25th May 2022 When family members apply to become parties: A hidden and “private” (but not sinister and secret) hearing by Celia Kitzinger

9th May 2022 A section 21A hearing: Impressions from a veteran observer and the daughter of (a different) P in a s.21A case by Celia Kitzinger and “Anna”(Daughter of P)

6th May 2022 Challenges in observing a (remote) hearing at Swansea Civil Justice Centre: Capacity for contact and sexual relations by Celia Kitzinger

3rd May 2022 Capacity to make a Lasting Power of Attorney by Clare Fuller

2nd May 2022 Medical treatment, undue influence and delayed puberty: A baffling case by Celia Kitzinger and Claire Martin

29th April 2022 Treatment against his wishes but in his best interests (without direct evidence on litigation capacity) by Celia Kitzinger

21st April 2022 Refusing to eat and declining a feeding tube: Capacity at issue by Celia Kitzinger

12th April 2022 More on Mr M: Medical recommendations, still awaiting discharge and final hearing plans by Claire Martin

7th April 2022 The value of observing a case management hearing in the Court of Protection by Helen Moizer

29th March 2022 Two years on: A postscript to “Remote justice” by Celia Kitzinger

25th March 2022 Absconded by Celia Kitzinger

24th March 2022 A long wait for medical recommendations – still in hospital after 18 days by Claire Martin

21st March 2022 Available options and best interests in a disputed end-of-life treatment case by Celia Kitzinger

18th March 2022 Capacity to engage in sex: Putting the MCA’s foundational values to protect and empower to the test by Samantha Williamson

16th March 2022 Withdrawing treatment after brain-stem death: A case in the Family Division by Celia Kitzinger

15th March 2022 Challenging behaviours? The importance of language by Daniel Clark

13th March 2022 When doctors are not willing to offer treatments by Celia Kitzinger

10th March 2022 Caesarean: An emergency hearing by Celia Kitzinger

8th March 2022 Listen to him, listen to his mother: The William Verden hearing by Imogen Goold

8th March 202 Advocacy in the William Verden hearing: Observations from a trainee barrister by Jordan Briggs

7th March 2022 Best interests and kidney transplantation: Closing submissions in the William Verden case by Bonnie Venter

1st-4th March 2022 Is a kidney transplant in his best interests? by Bonnie Venter

1st March 2022 Communicating bad news: A s.21A decision by Celia Kitzinger

28th February 2022 Introducing an upcoming hearing: Is a kidney transplant in his best interests? by Bonnie Venter

24th February 2022 A man with a diagnosis of schizophrenia can be conveyed to hospital against his wishes for assessment of his ulcerated legs by Claire Martin

22nd February 2022 Delay in finding a suitable placement for a young adult with Prader-Willi syndrome by Aura Mackintosh Bamber

21st February 2022 Prader-Willi Syndrome and Transparency by Celia Kitzinger with Brian Farmer

19th February 2022 A response to ‘The politics of the pandemic…’: COVID-vaccination of a disabled man by Alice Hodkinson

11th February 2022 No decision without representation by Celia Kitzinger

10th February 2022 Four commentaries on Re PH before Hayden J by Sam Green, Daniel Clark, Claire Martin and Imogen Goold

9th February 2022 A home not a hospital: Service delivery goals for PH by Eleanor Tallon

8th February 2022 Why members of the public don’t ask earlier to observe hearings (and what to do about it) by Claire Martin

7th February 2022 A ‘secret’ hearing on life-sustaining treatment. by Celia Kitzinger

4th February 2022 Cross-examining a GP in a COVID-vaccination hearing by Celia Kitzinger

28th January 2021 Not quite there yet: My first three attempts to observe a Court of Protection hearing by Eleanor Tallon

26th January 2022 Capacity and elective caesarean by Samantha Halliday

24th January 2022 “Non-mainstream” treatments and CPR for a COVID-19 patient in intensive care by Celia Kitzinger and Amber Dar

19th January 2022 On not allowing the strong views of family members to prevail: A COVID-19 hearing by Angus Mackenzie

18th January 2022 Untenable and unsafe: A trial of living in the community breaks down by Jenny Kitzinger

17th January 2022 Abuse and coercive control? A fact-finding hearing and exoneration by Jenny Kitzinger

14th January 2022 The politics of the pandemic in the Court of Protection by Celia Kitzinger, Claire Martin and Daniel Clark

10th January 2022 Continuing search for a placement – 5 months on by Celia Kitzinger

6th January 2022 A mother abroad and a family dispute: Part 3 by Kristy Regan

4th January 2022 Reflecting on Re MW and Advance Planning: Legal frameworks and why they matter by Clare Fuller

29th December 2021 Patient dies in hospital as Trust fails to comply with Mental Capacity Act 2005 by Jenny Kitzinger and Celia Kitzinger

23rd December 2021 Disputes about COVID vaccination should be rapidly referred to the Court by Angus Mackenzie

22nd December 2021 Family dispute about life-sustaining treatment: A directions hearing by Jenny Kitzinger

21st December 2021 Covid vaccination and a Christmas visit by Jordan Briggs

17th December 2021 Experience of a new witness in the Court of Protection by Catriona McIntosh

15th December 2021 “At loggerheads”: Habitual residence, best interests and life-sustaining treatment by Celia Kitzinger

13th December 2021 Family witnesses in court: Four reflections on Re AH (A Rehearing) by Upeka De Silva, Rhiannon Snaith, Claire Martin and Jenny Kitzinger, with additional comment by Tom Richards

13th December 2021 Elective caesarean in her best interests by Jordan Briggs

10th December 2021 Health and Welfare Attorney applies for urgent hearing on life-sustaining treatment by Jenny Kitzinger and Celia Kitzinger

7th December 2021 Approving a conveyancing plan to move P to residential care by Bridget Penhale.

6th December 2021 Naming a putative ‘expert’ in a Covid vaccination case: A letter to the judge by Celia Kitzinger

3rd December 2021 How long can you keep trying to rebut the presumption of capacity? by Celia Kitzinger

30th November 2021 The most complex Covid patient in the world: Planning for a re-hearing after a successful appeal by Celia Kitzinger

26th November 2021 Capacity to engage in sex: Nine responses to the Supreme Court Judgment in Re. JB by Daniel Clark, Dr EM, Marion Gray, Rosie Harding, Amber Pugh, Ruby Reed-Berendt, Kristy Regan, Kirsty Stuart, and an Anonymous Couple

23rd November 2021 Fact-finding, ‘magnetic importance’, and the consternation of colleagues: A final hearing adjourned by Celia Kitzinger

18th November 2021 A life-sustaining treatment decision from Hayden J in the Court of Appeal by Jennifer O’Neill

17th November 2021 “Burdensome and futile” treatment and dignity compromised: Poor practice at a leading UK hospital by Jenny Kitzinger

16th November 2021 C-section and anaesthesia: An unexpected unified decision by Rebecca Brione

12th November 2021 Eight Litigants in Person by Claire Martin

11th November 2021 Does P have capacity to consent to sale of a house and move to residential care? by Celia Kitzinger

9th November 2021 Navigating a family feud on P’s death-bed by Celia Kitzinger

8th November 2021 Last-minute vacated hearings in the Court of Protection by David York

3rd November 2021 Reflections on Disability and Reproductive Justice in a court hearing by Jakki Hanlon

3rd November 2021 C-section and general anaesthesia against her wishes? Capacity and best interests by Celia Kitzinger

30th October 2021 Capacity to refuse intensive care by Gaby Parker and Celia Kitzinger

28th October 2021 A judicial U-turn? From ‘no contact’ to ‘main carer’ by Jenny Kitzinger

26th October 2021 Restrictions in his best interests? An “awkward interaction” between the Mental Capacity Act and sections 37 & 41 Mental Health Act by Celia Kitzinger

25th October 2021 Cataract surgery for a patient who’s refusing it by Celia Kitzinger

20th October 2021 A trial of living at home – a “suspended sentence” of returning to care by Jenny Kitzinger

19th October 2021 A COVID Vaccination hearing: Observations of an aspiring medical student by Eloise Crang

14th October 2021 When another assessment is not needed: Best interests decision-making for a patient with a prolonged disorder of consciousness by Jenny Kitzinger

7th October 2021 What happens when Lasting Power of Attorney goes wrong? by Clare Fuller

5th October 2021 A court-authorised hip replacement by Evelyn Palmer

30th September 2021 Suppressing transparency: A judge comments on a blog post in court by Claire Martin

24th September 2021 Home-owning resident of 50 years faces intervention by Council by Daniel Cloake

23rd September 2021 Challenge to Lasting Powers of Attorney by Claire Martin

21st September 2021 Refusing blood products during pregnancy and labour by Celia Kitzinger

15th September 2021 Forced Marriage Convictions: A view from the police by Mindy Mahill

13th September 2021 Coercive and controlling behaviour and undue influence: What is the role of the local authority? by Bridget Penhale

9th September 2021 Forced HIV treatment? A censored account of a case involving possible restraint by Celia Kitzinger

8th September 2021 Risk-averse medical decisions, the right to privacy, and best interests: Video-monitoring Part 3 by Claire Martin

6th September 2021 Best interests in a contested end-of-life case: Cambridge University Hospitals NHS Foundation Trust v AH & Ors [2021] EWCOP 51 by Celia Kitzinger with Claire Martin

2nd September 2021 Secure units and young people: In search of home to call your own by Anna Rebowska

25th August 2021 Should P go to live with her family in her country of birth? by Claire Martin

23rd August 2021 The elephant in the courtroom: Clinically assisted nutrition and hydration in a hearing about care and residence by Celia Kitzinger

16th August 2021 Covering the Court of Protection – a journalist’s take by Polly Rippon

12th August 2021 Secure Accommodation for Young People: “A well-known scandal” by Celia Kitzinger

9th August 2021 Lasting Power of Attorney: Across Borders by Clare Fuller

9th August 2021 Capacity (and sexual relations) in the Supreme Court: Reflections on A Local Authority v JB by Amber Pugh

5th August 2021 What is a section 49 report? by Rosa Beswick-Maddocks

3rd August 2021 When an academic theory becomes reality: The applicability of section 3 of the Mental Health Act 1983 versus section 5 of the Mental Capacity Act 2005 by Jennifer O’Neill

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 Treatment for testicular cancer for autistic learning disabled man 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: Michelle Davies Part 1 by Celia Kitzinger

3rd December 2020 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

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

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

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

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

29th June 2020 Two weeks of open justice in the Court of Protection by Gill Loomes-‘Quinn and Celia Kitzinger

26 June 2020 Bundles and bundles of documents by Kyle Squire

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

15th June 2020 Welcome to our blog! by Celia Kitzinger and Gill Loomes Quinn