I am sharing these thoughts in the hope that it might help other families in similar situations – and I’m writing also for the legal professionals involved in what is, for them, probably routine work, to help them understand more about what it feels like for a family member.
Author Archives: openjusticecourtofprotection
Where shall P live?
This is a woman who led walking groups for much of her adult life, loved the outdoors, loves gardening and has found great- what in modern parlance we’d call ‘well-being’ in those things, but really they are things she enjoys doing and has found in them great joy and solace.
Treatment escalation for a teenager in ICU
By Rhiannon Snaith, 16th March 2023 Editorial note 3: (added 30 April 2024) There is a Court of Appeal hearing on 1st and 2nd May 2024 – the parents (supported by Christian Concern) are challenging Mrs Justice Roberts’ finding that ST lacked capacity to litigate the case, and lacked capacity to make her own medicalContinue reading “Treatment escalation for a teenager in ICU”
When P objects to an expert
This was an interesting hearing because – like other hearings in which articulate and determined protected parties participate – the role of the person’s own wishes and feelings, and their place in ‘best interests’ decision-making is thrown into sharp relief. I have no doubt that Laura (and her parents) will oppose a court determination that Laura continues to lack capacity. And whatever the court finding on capacity, Laura’s wishes are going to have to play a key role in any future ‘best interests’ decisions made about her.
“This is a quagmire and it needs to be urgently done”: LPA objections, disputed capacity and an imperative need for a panel deputy
By Eleanor Tallon, 12th March 2023 Very little was revealed about the woman at the centre of this case – other than she has been living in a care home since the end of 2021, whilst her son remained living in her home. In June 2021, she had made a Power of Attorney for Property and AffairsContinue reading ““This is a quagmire and it needs to be urgently done”: LPA objections, disputed capacity and an imperative need for a panel deputy”
Discharge from hospital: Light at the end of a very long tunnel
Daniel Clark, 10th March 2023 – with new update by Celia Kitzinger about the emergency hearing on 16th March 2023 (added at end of blog post) This hearing (COP 14036761, before Mrs Justice Theis) was scheduled to begin at 10:30am on Monday 6th March, 2023. However, the Judge was engaged with an urgent matter and soContinue reading “Discharge from hospital: Light at the end of a very long tunnel”
Injunction against a mother: ‘Biting the bullet’
By Avaia Williams, 8th March 2023 The person at the centre of this case (DS), a man in his early thirties, has been living in an acute hospital ward for over 14 months. That’s not due to a difficult-to-treat medical condition, or to a detention considered necessary under the Mental Health Act 1983 or aContinue reading “Injunction against a mother: ‘Biting the bullet’”
‘The baby has to come out’: Court-authorised caesarean when subject-matter and litigation capacity are disputed
By Ruby Reed-Berendt, 3rd March 2023 Editorial update: The woman in this case has more recently (in October 2023) been the applicant in a case before the Family Division of the High Court, concerning vaccination of her baby son, now 9-month-old, and in the care of the local authority under an interim care order. She asked theContinue reading “‘The baby has to come out’: Court-authorised caesarean when subject-matter and litigation capacity are disputed”
A ‘closed materials’ hearing on forced marriage
By Celia Kitzinger, 1st March 2023 (revised 3rd March 2023) This is the first time I’ve watched a hearing before Mrs Justice Theis since she became Vice President of the Court of Protection on 13th February 2023. One of the last things the previous Vice President, Mr Justice Hayden, did before he stood down earlier thisContinue reading “A ‘closed materials’ hearing on forced marriage”
Capacity to litigate: A young woman with anorexia nervosa
By Celia Kitzinger, 28th February 2023 UPDATE: There are three published judgments here: Z NHS Foundation Trust & Anor v Patricia & Ors; In the Matter of Patricia; Re Patricia The white leopard – also known as the ‘snow leopard’ – is rare and elusive. There are no more than six or seven thousand left in theContinue reading “Capacity to litigate: A young woman with anorexia nervosa”
Promoting Open Justice in the Court of Protection 