openjusticecourtofprotection

From Cheshire West to AGNI: Rebalancing Protection, Autonomy and Human Rights

One positive consequence of the AGNI judgment may be that it encourages professionals to refocus on their own responsibilities under the Mental Capacity Act. By reducing the number of cases that require formal deprivation of liberty authorisation, there is an opportunity for practitioners to develop greater confidence in undertaking capacity assessments, making best interests decisions and applying the Act in day-to-day practice.

Considering ‘deprivation of liberty’ in a family home setting after AGNI

HHJ Burrows determined that there is no deprivation of liberty for a young woman living under constant supervision and control in an annex to the family home. It was clear from his comments in court that he did so with considerable reluctance, referring to “deeply philosophically difficult” arguments.

Judge authorises medical treatment and DOLS in hospital following AGNI

In the end, despite having watched the hearing and heard the oral judgment, I don’t know why this judge made the decision she did about deprivation of liberty in this case – which pretty much defeats the purpose of observing a hearing in the first place.

AGNI: A common-sense judgment or agony?

For people who consider their loved ones well cared for, safe, and happy, the pre‑AGNI deprivation of liberty (DoL) processes were nonsensical and often intrusive. For that reason, the current judgment brings a sense of relief to many. But for other individuals, whose daily lives are dictated and constrained by institutional or quasi‑institutional regimes, with simple choices removed from their decisional space, and an array of human‑rights abuses hidden behind closed cultures, this judgment may have a more detrimental impact.

Declaration of death or serious medical treatment withdrawal?

The key question in this case, which will be back in court on 2nd July 2026, is whether or not a man in his 40s, who had an out-of-hospital cardiac arrest about a month ago) is now “brain stem dead”.

Overturning Cheshire West and my Grandma’s experience of ‘the death house’ care home

Born in 1930, my Grandma was funny, cheeky, loving and firmly opinionated. She had been diagnosed with end-stage heart failure and vascular dementia, with fluctuating capacity and had been living happily in a small nursing home…

“Steadying the ship”: Vice President’s judgment will list factors to consider before making applications for declaratory relief in life-sustaining treatment cases relating to the Mental Health Act

By Sydney White, 24th June 2026 The grave facts of this case (COP 20033278, before Mrs Justice Theis on 23rd June 2026) are discussed in a previous blog (Anorexia, declaratory protection and the Mental Health Act: Ventilating a jurisdictional question following Townsend). In summary it concerns a woman (“P”) who suffers from anorexia nervosa and isContinue reading ““Steadying the ship”: Vice President’s judgment will list factors to consider before making applications for declaratory relief in life-sustaining treatment cases relating to the Mental Health Act”

A personal reflection on decision-making processes

By Vicky Farrell, 22nd June 2026 As an experienced clinical lead within NHS community services for older adults, I recently attended a virtual hearing with the aim of gaining insight into how the Court of Protection facilitates complex decision-making outcomes. The case I observed was COP 20019749 before Mrs Justice Theis sitting at the RoyalContinue reading “A personal reflection on decision-making processes”

Fit for discharge for the last 8 months and still in hospital: Yet more delay (and Lieven J offers to mediate)

By Kim Dodd and Amanda Hill, 21 June 2026 “I apologise to [P’s siblings], who must think that the justice system is a bit of a joke. But we have to do our best.” Mrs Justice Lieven, 5th June 2026 The protected party (P) is a woman with diagnoses of mild learning disability, “emotionally unstableContinue reading “Fit for discharge for the last 8 months and still in hospital: Yet more delay (and Lieven J offers to mediate)”

Removal of P from the family home: Permission to appeal refused

Counsel for the local authority said they would look to carry out the move on Thursday (two days later). The judge explored with everyone how this would work in practice. As always, Senior Judge Hilder’s questions showed exemplary attention to detail in planning ahead as well as displaying her grasp of the material in the bundle.