At the centre of this case is a 17-year-old woman (P), born overseas, who is living with HIV. It is believed she acquired HIV vertically at birth, and her mother died when she was young. P has been raised by her grandmother in this country, and in recent years it appears that she has been looking after her grandmother, who is now elderly with health issues of her own.
Author Archives: openjusticecourtofprotection
An “unacceptable” care placement – and why public observers help to hold the state to account
By Jordan Briggs, 22nd July 2022 This hearing, listed before His Honour Judge Berkley at Manchester County Court (via MS Teams) on Wednesday 20th July 2022, concerned a woman in her early twenties with complex emotional needs (‘P’) who had absconded from her placement on 18th March 2022. There’s a previous blog post on the Open Justice CourtContinue reading “An “unacceptable” care placement – and why public observers help to hold the state to account”
Family members as parties to proceedings: Pros and cons
By Astral Heaven, 21st July 2022 I am a Local Authority Approved Mental Health Professional (AMHP) and Deprivation of Liberty Safeguards (DoLS) Lead and a practising Best Interests Assessor (BIA). Part of my role as BIA when I’m undertaking DoLS assessments is to talk with the person I am assessing, and with their family and friends,Continue reading “Family members as parties to proceedings: Pros and cons”
After more than 4 months in hospital (for “assessment”), there’s a new placement and a transition plan for Mr M
By Celia Kitzinger, 19th July 2022 This was a short hearing in a long-running case – and if things go according to plan, it will have been the final hearing. There were two hearings in February 2022, the second of which approved Mr M’s transfer to hospital for what was projected to be an overnight stay. At theContinue reading “After more than 4 months in hospital (for “assessment”), there’s a new placement and a transition plan for Mr M”
“Grave concerns”: Funding arrangements, capacity for sex, and a TZ-style care plan
By Celia Kitzinger, 13th July 2022 The protected party at the centre of this case (COP 13627568 before DJ Glassbrook sitting in Northampton on 8th July 2022[i]) was described as “ a 19-year-old lady with diagnoses including Mild Learning Disability. Mixed Disorders of Conduct and Emotion, and Reactive Attachment Disorder of childhood”. Introducing the hearing for the benefitContinue reading ““Grave concerns”: Funding arrangements, capacity for sex, and a TZ-style care plan”
Trial of living at home – successful so far
By Celia Kitzinger, 9th July 2022 A woman in her nineties who’s been “trapped [in a care home] by some Kafkaesque nightmare” for more than a year, has finally returned home. The judge has yet to determine whether it’s in her best interests to stay there: this is a “trial at home” to see how it worksContinue reading “Trial of living at home – successful so far”
Mental capacity assessment and transition plan for a man with schizophrenia and ulcerated legs
By Diana Sant Angelo, 4th July 2022 I am a Best Interests Assessor and I wanted to observe a hearing in the Court of Protection because I have always been interested in law – and now as a BIA, I am working in the overlap between the care and legal systems. On a more personalContinue reading “Mental capacity assessment and transition plan for a man with schizophrenia and ulcerated legs”
A first experience of observing in the Court of Protection
By Georgina Baidoun, 30th June 2022 I had no intention of becoming an observer of any of the Court of Protection cases so admirably reported by others, although I read most of the reports on the Open Justice Court of Protection blog avidly and am fascinated by both the individual stories and the principles raised. But IContinue reading “A first experience of observing in the Court of Protection”
“Abusive” wife agrees to move out of “the matrimonial home” with continuing (albeit restricted) contact with P: An agreed order
By Bridget Penhale, 28th June 2022 After reading previous OJCOP blogs on the circumstances of this case (the most recent is here, and there are two earlier ones) I was keen to attend this hearing (COP 13861341 before Mr. Justice Francis) on Monday 27th June. It concerns a protected party (P) who has dementia and Parkinson’s Disease. According to theContinue reading ““Abusive” wife agrees to move out of “the matrimonial home” with continuing (albeit restricted) contact with P: An agreed order”
‘Micro-management’ or appropriate case management by the court for a ‘dangerous young man’?
Framing the issues around ED being a ‘dangerous young man’ served no purpose here in my view, other than to cast him in a pejorative light. I can’t see much difference between this, and the (regular, in my experience) casting of all of someone’s actions and ‘behaviours’ being attributed to their ‘personality’ – usually in the context of the professional concerned looking for a way out of having to think more about how they might need to adapt in order to help.
Promoting Open Justice in the Court of Protection 