By Celia Kitzinger, 25th March 2024 It was listed as a committal hearing – an application by Barnsley Metropolitan Borough Council to send “DB” to prison. It caught my eye because it wasn’t listed the way committal hearings are normally supposed to be. The Practice Direction for Committal for Contempt of Court specifies that the name ofContinue reading “Committal hearing: Struck out and dismissed for procedural defects”
Author Archives: openjusticecourtofprotection
A newly addicted observer’s reflections
By ‘Jean Louise’ (daughter of a current P), 24th March 2024 (with new postscript dded 14th April 2025) I found the Open Justice Court of Protection Project’s website a few weeks ago due to an issue in my own family, the details of which I hope to share in due course, transparency orders allowing. JuryContinue reading “A newly addicted observer’s reflections”
The story of TW and her amazing friend and attorney – two years on
By Amanda Hill, formerly known as ‘Anna’ 22nd March 2024 The first hearing I ever observed in the Court of Protection (COP 13744224) was on 3rd May 2022, nearly 2 years ago now[1]. It concerned a woman in her nineties (TW), in a care home following discharge from hospital after a fall. She wanted to return homeContinue reading “The story of TW and her amazing friend and attorney – two years on”
Depriving a young person of his liberty: Law or parental responsibility
By Tim Sugden, 21st March 2024 On 13th March I observed a remote hearing (COP 14200743) before HHJ Beckley, which concerned the deprivation of a 16-year-old’s liberty. In the Introductory Notes I was sent prior to the hearing (NB : receiving this document was extremely helpful – if only we could be sent something similarContinue reading “Depriving a young person of his liberty: Law or parental responsibility”
When two legal teams turn up in court to represent P: Disputed capacity to conduct proceedings
By Celia Kitzinger, 18 March 2024 “The first thing I need to decide,” says the judge, “is who is acting for Mrs P”. It turns out there’s a difficulty. Two legal team have turned up in court, both purporting to represent the protected party. Mrs P (who has a – disputed – dementia diagnosis) considers that sheContinue reading “When two legal teams turn up in court to represent P: Disputed capacity to conduct proceedings”
‘The point is this – she is scared and vulnerable’: Judge about Laura Wareham
By Claire Martin, 17 March 2024 There has been a series of hearings concerning Laura Wareham. I observed a previous hearing in June 2023, and blogged about it here. At that hearing, the Health Board was seeking a 12-week cessation of all contact between Laura and her parents. In this blog, I have chosen to write aboutContinue reading “‘The point is this – she is scared and vulnerable’: Judge about Laura Wareham”
Forewarned is forearmed
By “Rose”, 15 March 2024 I am a potential future ‘P’ – a disabled woman who has a history of making unwise decisions about my physical health. From the moment a potential application to the Court of Protection was mentioned to me a few years ago I felt panic. My logical head understood why myContinue reading “Forewarned is forearmed”
An articulate and intelligent P is found to lack capacity: Laura Wareham in court
By Amanda Hill, formerly “Anna” 14 March 2024 I observed all three days of the public hearing concerning Laura Wareham (COP 1397774T) from 19th to 21st February 2024. But the part of the hearing that will particularly stay in my memory was Laura’s statement to the court, lasting for about 30 minutes. She spoke eloquently, articulately,Continue reading “An articulate and intelligent P is found to lack capacity: Laura Wareham in court”
US expert to assess whether COVID-19 vaccination is in P’s best interests
By Celia Kitzinger, 12th March 2024 He’s in his early 20s with a severe learning disability, having been born with partial Trisomy 13, meaning that he has an extra chromosome. He also has a congenital heart condition known as “Tetralogy of Fallot”. He lives at home with his mother who is his primary carer (though he alsoContinue reading “US expert to assess whether COVID-19 vaccination is in P’s best interests “
Judge declines to authorise a deprivation of liberty (for now)
by Daniel Clark, 11th March 2024 While Deprivation of Liberty Safeguards (DoLS) in a care home or hospital have little judicial oversight (unless someone appeals or the restrictions are particularly severe), a deprivation of liberty in the community is reviewed by a judge. These are often decided on the papers, in a streamlined procedure knownContinue reading “Judge declines to authorise a deprivation of liberty (for now)”
Promoting Open Justice in the Court of Protection 