By Eleanor Tallon, 10th October 2023 The words “Failed Re X” has appeared in Court of Protection lists recently – like the two reproduced below. ‘Re X’ is the term used to refer to the streamlined process through which the Court of Protection (CoP) can authorise a ‘Deprivation of Liberty’ (DoL), as established in theContinue reading “‘Failed Re X’: Deprivation of liberty and Re X (the streamlined process) – a social work perspective”
Author Archives: openjusticecourtofprotection
Time pressures for a decision about haemodialysis
By Daniel Clark, 8 October 2023 This case (COP 14013508) concerns Isaac, a young man with a diagnosis of learning disability and “Autistic Spectrum Disorder”. Isaac enjoys people watching, as well as looking at street scenes on his iPad. He does not like hospitals or medical interventions. He also has end-stage kidney failure. At aContinue reading “Time pressures for a decision about haemodialysis”
Mental Capacity, Disability, and ‘Voice’: A Socio-Legal Exploration
By Gill Loomes-Quinn, 4th October 2023 Editorial Note: Many congratulations to Gill Loomes-Quinn, co-director of the Open Justice Court of Protection Project, who successfully defended her PhD thesis “Mental Capacity, Disability and ‘Voice’: A socio-legal exploration” at her viva (oral examination) on Monday 2nd October 2023. Her PhD research was supervised by Anna Lawson andContinue reading “Mental Capacity, Disability, and ‘Voice’: A Socio-Legal Exploration “
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, 2nd October 2023 The hearing I observed (COP 13977140, listed for 12 noon on 18 September 2023 before HHJ Spinks sitting in Cambridge County Court) was a “final” hearing to last for two days, with the issue before the court being “Discharge/conduct of deputy or attorney, application by Public Guardian”. Committing toContinue reading “Her day in court: Attorney fights to clear her name in the face of accusations from her brother and the Public Guardian”
‘The horse has already bolted’: Transparency in a case of “brain-stem death”
By Celia Kitzinger, with Brian Farmer, 24 September 2023 On 9th July 2023, Andy Casey – then a healthy young man – was on a night out when he was assaulted in a pub garden. He was punched on the right side of his head and fell to the ground, with catastrophic injury to his brain. AnContinue reading “‘The horse has already bolted’: Transparency in a case of “brain-stem death””
Access challenges in the Family Court: On not being allowed to watch the Indi Gregory hearing
By Rhiannon Snaith, 20 September 2023 Indi Gregory is a six-month-old baby girl who has mitochondrial disease, a rare and incurable genetic condition that drains energy from the body’s cells. She also has a hole in her heart, and soon after her birth underwent operations on her bowel, and her brain to drain fluid. DespiteContinue reading “Access challenges in the Family Court: On not being allowed to watch the Indi Gregory hearing “
Who cares for P? “Pragmatic harmony” finally breaks out in court
By Hartej Singh Saund-Matharu, 19 September 2023 In my first observation of a Court of Protection (CoP) hearing – and first blog – I will take you through who I am and my interest in the Court of Protection, the background of the case my experience of the hearing, and my analysis/reflections of the outcomeContinue reading “Who cares for P? “Pragmatic harmony” finally breaks out in court”
Man on children’s ward due to no suitable placement
By Ahmed Hussain, 19 September 2023 This case concerns a young man who has recently turned 18. He is currently present on a paediatric ward despite having been ready for discharge back in August (about three weeks ago). This situation has arisen due to the lack of suitable placement options. Furthermore, he cannot live withContinue reading “Man on children’s ward due to no suitable placement”
Anxious scrutiny or boilerplate? Evidence on Transparency Orders
By Celia Kitzinger, 15 September 2023 Introduction: On 21st October 2022, I submitted (at the request of counsel and with the permission of the court) a witness statement to Mrs Justice Lieven, concerning Case no. COP 13180943). I was asked to supply evidence as to how, according to my observations, Transparency Orders are actually workingContinue reading “Anxious scrutiny or boilerplate? Evidence on Transparency Orders”
Moving towards transition from children’s to adult services
By Claire Martin, 14 September 2023 John (not his real name) is 17 and will be 18 in three months’ time. He used to live with his adoptive mother but (since 2021) has been living in a Gateshead Local Authority placement where he is supervised 2:1 by carers. I didn’t find out anything about John’sContinue reading “Moving towards transition from children’s to adult services”
Promoting Open Justice in the Court of Protection 