By Celia Kitzinger, 16 July 2023 Mr D is in his fifties, and he’s currently in a psychiatric hospital, with a longstanding diagnosis of paranoid schizophrenia and a suspected mild learning disability. He’s lost a lot of weight recently, and blood tests show a range of inflammatory markers indicative of potential cancer. Doctors say heContinue reading “Cancer investigations – with restraint authorised if required”
Author Archives: openjusticecourtofprotection
Covert medication, the ‘causative nexus’ and (yet again) issues with the Transparency Order
By Daniel Clark, 14 July 2023 A man in his 60s, living with an acquired brain injury is refusing medication for the management of his diabetes. The applicant local authority has applied to the court for the approval of a covert medication plan. In the previous hearing (which I blogged about here), Theis J had requestedContinue reading “Covert medication, the ‘causative nexus’ and (yet again) issues with the Transparency Order”
The logic, law and language of Lasting Power of Attorney: A case before Hayden J
By Clare Fuller, 12 July 2023 Advance Care Planning is something I care passionately about. As a nurse specialising in Palliative and End of Life Care I have seen first-hand and too often what can happen if appropriate plans are not in place. Advance Care Planning means thinking ahead, not waiting for a crisis andContinue reading “The logic, law and language of Lasting Power of Attorney: A case before Hayden J”
Just another failure of open justice: DJ Bland in Lancaster County Court
By Celia Kitzinger, 11 July 2023 I’m so weary of this sort of thing. I can’t summon up the energy, three years on, for outrage about the routine, mundane, banal failure of the Court of Protection, despite its best intentions, to implement transparency for its hearings. In theory, yes, the doors of the courtroom areContinue reading “Just another failure of open justice: DJ Bland in Lancaster County Court”
Restricting family contact, and family ‘abuse’ of staff: An adversarial Court of Protection hearing
By Claire Martin, 11th July 2023 One of the most draconian decisions the Court of Protection can make is to restrict contact between people who love each other and want to be together. That was the issue in this hearing. The Health Board was seeking urgent court authorisation for an extension to an order restricting contactContinue reading “Restricting family contact, and family ‘abuse’ of staff: An adversarial Court of Protection hearing”
Removing P to another country to evade the orders of the Court
By Celia Kitzinger, 9th July 2023 If you believe the authorities are acting against the best interests of your vulnerable relative, you might contemplate escaping with them to another country, in the hope of taking the person outside the reach of the Court of Protection. I often hear conversations about this. For most people it isn’t reallyContinue reading “Removing P to another country to evade the orders of the Court”
Gagged – in whose best interests?
By Amanda Hill, formerly ‘Anna‘, 7 July 2023 “How did the court case with your mum go?” “OK but I’m not allowed to tell you about it or I could be held in contempt of court and have my assets seized” This was a conversation I had with a cousin during a family reunion lastContinue reading “Gagged – in whose best interests?”
Overcoming the challenges of observing my first remote hearing in the Court of Protection
By Peter C Bell, 6th July 2023 I am a (mature!) law student at the Open University, studying part-time for an LLB Law (Hons), and have just completed my second year (results of last End of Module Assessment eagerly awaited). I have a long-standing interest in Open Justice, having observed or participated in hearings inContinue reading “Overcoming the challenges of observing my first remote hearing in the Court of Protection”
‘What God has put together, let no man put asunder’: A s.21A challenge and the limits of Power of Attorney
By Celia Kitzinger, 3rd July 2023 The words “What God has put together, let no man put asunder” are from the Bible (Matthew 19:6). It means that marriage is a holy thing and humans should not break a marriage apart. The deeply religious man who uttered these words in court was powerfully expressing his dismayContinue reading “‘What God has put together, let no man put asunder’: A s.21A challenge and the limits of Power of Attorney”
An ‘impasse’ on face-to-face contact between mother and daughter
By Celia Kitzinger, 25 June 2023 This is a tragic and seemingly intractable case. A mother and daughter love each other and want to be together. The daughter, FP, is deprived of her liberty in a residential nursing home. The placement is some distance away from where her mother lives with her husband (FP’s stepfather) –Continue reading “An ‘impasse’ on face-to-face contact between mother and daughter”
Promoting Open Justice in the Court of Protection 