By Celia Kitzinger, 15 August 2023 This is an unusual s.21A challenge to the authorisation of Mr P’s deprivation of liberty. The only issue for determination is whether or not Mr P is actually “deprived of his liberty”. If he is, one of the key safeguards of DoLS is that he will continue to be entitledContinue reading “Is he deprived of his liberty? (Plus a request to vary the reporting restrictions – again)”
Author Archives: openjusticecourtofprotection
Varying reporting restrictions to name Kent County Council in “shocking” delay case
By Celia Kitzinger, 11 August 2023 Kent County Council was criticised in court for misunderstanding the law and creating lengthy delays for a care home patient who wants to move to a different care home closer to his family[1]. Mrs Justice Theis, Vice President of the Court of Protection, said in the course of aContinue reading “Varying reporting restrictions to name Kent County Council in “shocking” delay case”
A s.21A challenge for a ‘restricted’ patient: A “shocking” delay
By Febienne Green (with Celia Kitzinger), 8th August 2023 On Wednesday, 5th July 2023, I watched a hearing (COP 13627234) before Mrs Justice Theis, Vice President of the Court of Protection, sitting at the Royal Courts of Justice via MS Teams. The case was a s.21A challenge to a standard authorisation depriving Mr N of hisContinue reading “A s.21A challenge for a ‘restricted’ patient: A “shocking” delay”
Adjournment and interim judgment – Hayden J’s fact-finding hearing
By Celia Kitzinger, 4 August 2023 Editorial note: For background information about this case click on the titles of these two blog posts: (1) : “Fact-finding hearing: Little short of outright war” (which has links to previous judgments) and (2) “A judicial embargo and our decision to postpone“. Note that we will now delay publication of our multi-authored blogs aboutContinue reading “Adjournment and interim judgment – Hayden J’s fact-finding hearing”
Coma and treatment withdrawal: An unusual case
By Rhiannon Snaith, 2nd August 2023 Note: The judgment has been published here: Re IN (Withdrawal of CANH) [2023] EWCOP 32 This case (COP 14094683, before Mr Justice Poole) was heard in the Royal Courts of Justice on Friday 21 July 2023. The hearing was listed as a ‘hybrid’ hearing which meant that people couldContinue reading “Coma and treatment withdrawal: An unusual case”
Application to continue an injunction forbidding P’s son from obstructing health and social care staff
By Pippa Arnold, 1 August 2023 I am an aspiring barrister with an interest in the Court of Protection (COP), particularly cases relating to medical treatment. My interest stems from a medical law module I studied at university, which led me to undertaking a Masters at the end of the Bar Course. For this, I choseContinue reading “Application to continue an injunction forbidding P’s son from obstructing health and social care staff”
A judicial embargo and our decision to postpone
By Celia Kitzinger, 27 July 2023 More than sixty people have asked for the link to observe Mr Justice Hayden’s ‘fact finding’ hearing (COP 12975950) over the last two weeks, and I’ve published a purely factual report about the issues before the court here: Fact-finding hearing: “Little short of outright war“. As I said inContinue reading “A judicial embargo and our decision to postpone”
Fact-finding hearing: “Little short of outright war”
By Celia Kitzinger, 24th July 2023 Update: This hearing was adjourned due to illness of Lead Counsel for the Applicant on Monday 31st July 2023. The hearing will continue on the next available court dates: 6th October and 9th October 2023. The father will finish giving evidence (he was part way through being cross-examined) andContinue reading “Fact-finding hearing: “Little short of outright war””
Giving P “one more roll of the dice”
By Claire Martin, 20 July 2023 This case (COP 1381929T, 17th July 2023) is about whether Mr B can move back to his own home, with or without his wife, Mrs B. They live together in a care home at the moment. I received the link for this hearing – as well as the Transparency Order!Continue reading “Giving P “one more roll of the dice””
Very like London buses – several ‘property and affairs’ hearings all at once
By Georgina Baidoun, 16 July 2023 I have become lazy about looking for hearings in my area of interest, which is property and affairs and particularly Court of Protection deputy issues, because there are so few listed and those few tend increasingly to be held in person or to be vacated/cancelled. The advent of good weatherContinue reading “Very like London buses – several ‘property and affairs’ hearings all at once”
Promoting Open Justice in the Court of Protection 