openjusticecourtofprotection

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”

Is he deprived of his liberty? (Plus a request to vary the reporting restrictions – again)

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)”

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”