openjusticecourtofprotection

Older lady “very sorely let down” by local authority with “multiple failings”

By Daniel Clark, 17 December 2023 The person at the centre of this case (COP 14072451) is an 84-year-old lady, currently deprived of her liberty in a nursing home. She is unhappy with the situation and is objecting to her placement there – which has led to an application under s21a of the Mental Capacity ActContinue reading “Older lady “very sorely let down” by local authority with “multiple failings””

Counselling and support needed for family members in the Court of Protection

By “Hope”, 13 December 2023 Although I’m involved in a Court of Protection hearing myself, as a Litigant in Person, this was the first COP hearing I’ve observed involving another family. The hearing was “Public with reporting restrictions” and could be watched either in person or (as I did) via a cloud video platform. BothContinue reading “Counselling and support needed for family members in the Court of Protection”

Mastectomy against her wishes, family concerns and a Trust penalised for delay

By Celia Kitzinger, 11 December 2023 The woman at the centre of this case (GH) is 52 years old. She’s was diagnosed with breast cancer back in March 2023, but she doesn’t believe she has breast cancer and is refusing all treatment for it. She has a diagnosis of schizoaffective disorder. I missed the beginning of the hearing,Continue reading “Mastectomy against her wishes, family concerns and a Trust penalised for delay”

Warrant for arrest of P’s mother

By Amanda Hill, formerly ‘Anna’ , 7th December 2023 This has been a long and difficult case, blogged about recently here). I’ve not observed a hearing in this case before – but I’ve read a blog about the previous committal hearing here. In brief, at the previous committal hearing the judge determined that Mrs Liovbov Macpherson (Luba) hadContinue reading “Warrant for arrest of P’s mother”

British Sign Language, Capacity, and Transparency

By Celia Kitzinger, 5th December 2023 Matters exercising the judge in this hearing, on Tuesday 5th December 2023, were: This is the second hearing I’ve observed in this case (COP 12446297 before HHJ Godwin). I blogged about the previous hearing, in May 2023, here: P loses bungalow option due to assessment delays – and described it as “a thoroughly depressing hearing”. At this hearingContinue reading “British Sign Language, Capacity, and Transparency”

Transferring P to a different hospital: No longer a best interests decision

By Rhiannon Snaith, 30 November 2023 Having read a blog post about a previous hearing in this case (‘Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents’), I was expecting it to be about whether or not it was in P’s best interests to have a feeding tube (re)inserted. AsContinue reading “Transferring P to a different hospital: No longer a best interests decision”

Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents

By Amy Dadarria and Celia Kitzinger, 30 November 2023 Editorial Note: Amy (a law student) and Celia (a non-legal public observer) both observed this hearing but only Celia was sent the parties’ position statements – and there was no opening summary. Amy’s blog contribution (below) was written on the basis of what she observed in courtContinue reading “Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents”

The ‘voice’ of P in a s.21A hearing: Reflecting on lost opportunities

By Gill Loomes-Quinn, 24th November 2023 On the afternoon of Monday 6th November 2023, I observed a hearing before Deputy District Judge Weereratne, sitting (remotely) at First Avenue House in London, in the matter of Case No: 14157245 – MG (by her Litigation Friend, the Official Solicitor) v London Borough of Harrow. Having emailed the courtContinue reading “The ‘voice’ of P in a s.21A hearing: Reflecting on lost opportunities”

Court cannot rely on remote capacity assessment

By Celia Kitzinger, with Eleanor Tallon, 19 November 2023 Mrs King (a pseudonym) is the woman at the centre of this case. At 2pm, at the beginning of the hearing, she’s not in court. “We’ll just have to patiently wait, I’m afraid”, says the judge – and we do. It’s not until 2.30 that a carerContinue reading “Court cannot rely on remote capacity assessment”

Back to square one in a complex case

By Daniel Clark, 14 November 2023 “At the moment I have no practical or viable options before me for the safe care and treatment of AB”. So said Mr Justice Keehan towards the end of this hearing, summing up the dire situation that the Court finds itself in. This case (COP 12953545) has a long history, someContinue reading “Back to square one in a complex case”