Author Archives: openjusticecourtofprotection

Should P go to live with her family in her country of birth?

DJ Beckley’s approach was compassionate. He handled the frequent disruptions to the process with humanity and a lightness of touch. In particular, I noticed that at no point did he ask P to stop crying or to calm down – instead he validated her feelings and tried to explain to her, in understandable language, what was happening, what he needed to know and what he was going to do next. I thought this was exemplary practice

The elephant in the courtroom: Clinically assisted nutrition and hydration in a hearing about care and residence

By Celia Kitzinger, 23rd August 2021 I’m profoundly disturbed by this case (COP 12913981) before District Judge Beckley, which has been slowly progressing though the Court of Protection for more than two years[1].  It represents a missed opportunity for the court to engage with a vulnerable person’s best interests in a holistic way.  I want toContinue reading “The elephant in the courtroom: Clinically assisted nutrition and hydration in a hearing about care and residence”

Covering the Court of Protection – a journalist’s take

This is an account of why and how journalists’ reports of hearings are typically so different from the pieces written by bloggers for projects like the Open Justice Court of Protection Project.

Secure Accommodation for Young People: “A well-known scandal”

This was a case in which the judge and all the parties to the case (including the local authority) were doing their utmost to help a vulnerable young person against the backdrop of a nationwide shortage of appropriate provision.

Lasting Power of Attorney: Across Borders

My interest in LPAs, and the reason I became a Lasting Power of Attorney Consultant,  stems from a long career as a nurse in palliative and end of life care, where I witnessed the impact of not having these important documents in place. I feel incredibly passionate about people’s voices; their choices and their values being heard – and LPAs are an important way of enabling this. I advocate for proactive Advance Care Planning and LPAs are one important element of planning ahead. 

Capacity (and sexual relations) in the Supreme Court: Reflections on A Local Authority v JB

JB is a 38-year-old autistic man with impaired cognition. He has expressed a strong desire to have a girlfriend and engage in sexual relations with women, but the local authority has concerns that he does not understand that the other person has to consent to the sexual activity.

When an academic theory becomes reality: The applicability of section 3 of the Mental Health Act 1983 versus section 5 of the Mental Capacity Act 2005

By Jennifer O’Neill, 3rd August 2021 On 27th July 2021 I observed a remote hearing (via Microsoft Teams) brought before Mr Justice Hayden in the Court of Protection: COP 1354439T Re: PH.   Having observed my first remote hearing in the Court of Protection a few weeks earlier (Re AH COP 13783897), I was aware that when observing such hearings,Continue reading “When an academic theory becomes reality: The applicability of section 3 of the Mental Health Act 1983 versus section 5 of the Mental Capacity Act 2005”

Court considers how to operate against patient’s will

By Daniel Cloake, 2nd August 2021 This report concerns a case (COP 12132507 In the Matter of “AB” ) before The Hon. Mr Justice Hayden sitting remotely on 20 July 2021. The subject matter of the hearing was presented like this in the Transparency Order: This application is listed for hearing at 10.30 am onContinue reading “Court considers how to operate against patient’s will”