By Rebecca Brione, 26th May 2021 Over the last two years there have been at least eight cases heard in the Court of Protection concerning place and mode of birth for women who were deemed to lack capacity under the Mental Capacity Act 2005. The case reported last week is the second in a few months aboutContinue reading “Choice, human rights and childbirth in the Court of Protection”
Author Archives: openjusticecourtofprotection
Human rights in maternity and the Court of Protection
Specialist perinatal mental health midwives (as well as consultant midwives who have a remit for perinatal mental health) are frequently involved in complex birth planning for women with significant mental health disorders. We have experience of creating individualised birth plans for women with severe anxiety, obsessive-compulsive disorder, post-traumatic stress disorder and psychotic illness, as well as agoraphobia. Our experience is that in all these cases, there were safe and happy outcomes – without recourse to court orders or forced hospital transfer.
Phobias, paternalism and the prevention of home birth
At the conclusion of a three-day hearing, Mr Justice Holman declared that P lacked capacity to make the relevant decisions and ordered that it was lawful and in her best interests for medical staff to transfer her to hospital a few days before her estimated due date, and for medical professionals to offer her a choice of induction of labour or Caesarean Section in hospital.
Dignity and its uses
“The qualification of dignity in relation to living independently from one’s parents normalises white, Western households. What does that principle say about people from communities who live in multi-generational households as a norm, both in the UK and around the world? Or people who (with capacity) choose to live with their parents, for whatever reason? How has the human need for care and community with other people become a criterion for assessing dignity?”
First Impressions of Hayden J in the Court of Protection
Emma Heron and Olwen Cockell, 21st May 2021 Editorial Introduction (Celia Kitzinger) Two relative novices to the Court of Protection had their first experience of a hearing before Mr Justice Hayden on 20thMay 2021. They record their impressions here. I also observed this hearing (COP 1275114): a s.21A challenge on behalf of a man in his 40s withContinue reading “First Impressions of Hayden J in the Court of Protection”
Agoraphobia, pregnancy and forced hospital admission: Public responses to media reports
On 14th May 2021, BBC News and two national newspapers ran a story about a Court of Protection hearing concerning a 21-year-old woman with agoraphobia who is pregnant and wants to give birth at home. There is no published judgment available yet so these media reports are the only publicly available sources of information.
Welcoming Claire Martin and Kirsty Stuart
13th May 2021 We’re delighted to bring on board two new members to join the core group of the Open Justice Court of Protection Project – Claire Martin (left photo) and Kirsty Stuart (right photo). Both have already provided key inputs into the Project and are keen to continue. They will help to shape theContinue reading “Welcoming Claire Martin and Kirsty Stuart”
Inspired by Bournewood: A s.21A challenge and delay in the court
By Evie Robson and Celia Kitzinger, 10th May 2021 On the morning of Tuesday 13th April 2021, we both logged on to MS Teams to observe a hearing before District Judge Ellington (COP 13715986). The listing information on the First Avenue House website – which helpfully provides advance information about the issues to be addressed in court – informedContinue reading “Inspired by Bournewood: A s.21A challenge and delay in the court”
Why covid vaccination is NOT in this care home resident’s best interests
I really wasn’t sure which decision Mr Justice Hayden was going to make as I sat through the hearing. Details of all possible options were closely examined, especially the option of using a sedative which was discussed in some depth, so I was really quite relieved when he delivered the judgment and I absolutely agree with his decision and with the reasoning behind it.
On being ‘that person’: A disabled perspective on ‘ZA’
By Gill Loomes-Quinn, 29th April 2021 My OJCOP colleague, Celia Kitzinger, and our regular contributor, Claire Martin recently observed a challenging case before the Court of Protection concerning ‘ZA’ – a woman with Schizophrenia and diabetes. Proceedings followed an application by the NHS Trust from which ZA has been receiving treatment for severe infections andContinue reading “On being ‘that person’: A disabled perspective on ‘ZA’”
Promoting Open Justice in the Court of Protection 