By Ian Brownhill, 13 September 2023 The focus of many Court of Protection cases is where someone will live, what care and support they will receive, or what medical treatment they should be provided. Once that substantive decision has been made, the Court’s attention will often turn to what is described as “conveyance planning”. AContinue reading “How we get there: Conveyance plans in the Court of Protection”
Author Archives: openjusticecourtofprotection
Evidence for Ministry of Justice Consultation on “Open Justice: The way forward”
By Celia Kitzinger, 10 September 2023 Drawing on my experience with the Open Justice Court of Protection Project – and with some helpful input from other core team members – I submitted my views about open justice to the Ministry of Justice consultation, just before the deadline at 11.59 on 7th September 2023. I’ve reproducedContinue reading “Evidence for Ministry of Justice Consultation on “Open Justice: The way forward””
Capacity to consent to sexual relations: “I want my freedom back”
By Amanda Hill, formerly ‘Anna’ , 3rd September 2023 When I saw this case listed, I didn’t fully appreciate the complex issues it would cover, especially about the difficulties of ensuring that somebody who is used to going out independently can do so safely – and the role that technology might play. At the heart ofContinue reading “Capacity to consent to sexual relations: “I want my freedom back””
Prolonging life or protracting death? An end-of-life decision by Hayden J
By Zach Moss and Jemma Woodley, 1st September 2023 At a hearing in the Royal Courts of Justice on 22nd-23rd August 2023, Mr Justice Hayden made the decision to withdraw treatment (dialysis and clinically assisted nutrition and hydration) from a man in his fifties who was in a coma following a stroke. There is, as yet,Continue reading “Prolonging life or protracting death? An end-of-life decision by Hayden J”
Withdrawing treatment from a pastor in a coma: Balancing religious beliefs and medical realities
By Rhiannon Snaith, 30th August 2023 An evangelical preacher in his fifties (KT) had a stroke in February 2022. He underwent emergency surgery but has sustained significant brain damage and never regained consciousness. He is currently in hospital, in a coma and also has end-stage kidney failure and Type 2 diabetes. The Trust was seekingContinue reading “Withdrawing treatment from a pastor in a coma: Balancing religious beliefs and medical realities”
A court system creaking under its own weight: Transparency challenges
by Daniel Clark, 25th August 2023 Earlier this month (on Tuesday 16 August 2023), I was given an insight into the cracks spreading through the structure of the judicial system. This blog highlights those cracks, so that more people are aware of the pressure facing judges and, by extension, everybody else in the court system –Continue reading “A court system creaking under its own weight: Transparency challenges”
Closed Material Proceedings: A ‘forced marriage’ hearing before Theis J
By Celia Kitzinger, 23 August 2023 The hearing (COP 13907545 on 27 July 2023) concerns a young woman in her twenties (M) who has a mild learning disability and can also experience anxiety, depression and impulsivity. She needs 24-hour support to provide assistance with personal care, nutrition, medication and to allow her to access the community safely. Continue reading “Closed Material Proceedings: A ‘forced marriage’ hearing before Theis J”
“I am very concerned … that the current situation is not tenable”: High-risk behaviour and questions about jurisdiction
by Daniel Clark, 22nd August 2023 The young woman (AB) at the centre of this case (COP 12953545) suffered a Traumatic Brain Injury following a Road Traffic Accident some years ago. She is engaging in high-risk behaviour, and the local authority is seeking an order from the Court that it is in her best interestsContinue reading ““I am very concerned … that the current situation is not tenable”: High-risk behaviour and questions about jurisdiction”
“Not at risk of life and limb”: Room to breathe in a complex case
By Daniel Clark, 20 August 2023 This case (COP 13043376) concerns Mr K, a gentleman with ulcers on both his legs, which he refuses to allow medical professionals to examine or treat. At a previous hearing, which law student George Palmer blogged about earlier (“Assessing and treating leg ulcers of a resistant patient“), Mr J McKendrickContinue reading ““Not at risk of life and limb”: Room to breathe in a complex case”
Assessing and treating leg ulcers of a resistant patient: A law student’s first COP hearing
By George Palmer, 17 August 2023 Editorial note: The judgment has been published here: Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 (15 August 2023) The person at the centre of the hearing I watched (Mr K) has chronic ulcers on both his legs. Medical professionals want toContinue reading “Assessing and treating leg ulcers of a resistant patient: A law student’s first COP hearing”
Promoting Open Justice in the Court of Protection 