Happy Third Birthday to the Open Justice Court of Protection Project

By Celia Kitzinger, Gill Loomes-Quinn, Claire Martin and Kirsty Stuart, 15 June 2023 Three years ago today, on 15th June 2020, Celia and Gill launched the Open Justice Court of Protection Project, at the beginning of the COVID-19 pandemic.  It was born of our passionate belief that “publicity is the very soul of justice” at aContinue reading “Happy Third Birthday to the Open Justice Court of Protection Project”

‘Refusing to engage’: A first hearing

By Celia Kitzinger, 11th June 2023 Cases in the Court of Protection often run for years – especially in the county courts, which is means the majority of all hearings. So we often find ourselves watching a third, or a sixth, or an eighth hearing in a single case, without having observed any of theContinue reading “‘Refusing to engage’: A first hearing”

Struggling with transparency and a family under stress

By Celia Kitzinger, 9 June 2023 I’ve divided this blog into two parts.  If you can’t bear to hear me complaining (again) about the lack of transparency in the Court of Protection, please skip directly to Part 2, which reports on the substance of the hearing.   I arrived late to the hearing (see Part 1) andContinue reading “Struggling with transparency and a family under stress”

P loses bungalow option due to assessment delays

By Celia Kitzinger, 7 June 2023 This was a thoroughly depressing hearing.   I asked to observe it (COP 12446297 before HHJ Godwin) without much idea of what it was about, simply because I had some time free and noticed a hearing in Wales – which we cover less than we should.   Access to the cloudContinue reading “P loses bungalow option due to assessment delays”

A ‘bog standard’ s.21A case: Amanda’s (‘Anna’s) Mum

By Celia Kitzinger, 5 June 2023 Update April 2025: Following a successful application to vary the Transparency Order, the name ‘Anna’ can now be retired and Amanda Hill can speak in her own name. Her bio is at the bottom of this blog. In recognition of the many months when Amanda had to remain as Anna,Continue reading “A ‘bog standard’ s.21A case: Amanda’s (‘Anna’s) Mum”

Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA

By Claire Martin, 2 June 2023 This was an application from the Office of the Public Guardian (OPG) for a declaration that P’s (purported) appointment of his wife and son as LPA and replacement LPA, respectively, for Property and Finance, was either not valid (because P lacked capacity to make the LPA) or should be revokedContinue reading “Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA”

‘It’s unclear how urgent this is’: A case concerning covert medication

By Daniel Clark, 31 May 2023 This case (COP 14023716) was heard before Theis J, via MS Teams, on Friday 26th May 2023 at 10am.  It was not plain sailing for me to access this hearing but given its subject matter (covert medication) I was glad that, with a lot of help from Celia Kitzinger, I persevered.  IssuesContinue reading “‘It’s unclear how urgent this is’: A case concerning covert medication”

‘Last chance saloon’: One more attempt at kidney dialysis or a move to palliative care?

By Celia Kitzinger, 25 May 2023 The person at the centre of this case (CG) is in his fifties with end stage kidney disease.  He’s been having kidney treatment since 2014 and dialysis since around 2016.  In January 2022 he suffered a hypoglycaemic brain injury, likely precipitated by self-neglect and poor management of his diabetes.  He’s currently in aContinue reading “‘Last chance saloon’: One more attempt at kidney dialysis or a move to palliative care?”

New home for man who lives in bathroom

By Celia Kitzinger, 23 May 2023 In July 2022, the man at the centre of this case (I’ve referred to him before as “Brian”) “retreated” to the communal bathroom of the care home where he’s lived since 1993, and has, in effect, been there ever since. I wrote about him a few months ago: “Man lives forContinue reading “New home for man who lives in bathroom”

On not authorising restraint for bowel surgery

Physically restraining someone against their will to have general anaesthesia for a serious operation is something that most of us instinctively recoil from, and for good reason – namely, that it is the repression of an individual liberty and it is disrespectful to individual autonomy.