At the end of the hearing, in her closing summary, Emma Sutton acknowledged that it was a “finely balanced” decision but came down on the side that amputation was NOT in her best interests – most especially as it went counter not only to her current wishes and feelings, but also to her clearly expressed capacitous decisions as recently as last year.
Author Archives: openjusticecourtofprotection
A best interests decision about contraception and residence
By Jasmine Thomson, 28th April 2021 I am a first-year social work student at Bournemouth University. I was lucky enough to hear about the Open Justice Court of Protection Project through one of our lecturers and was immediately intrigued. So, I arranged to observe a hearing as soon as I could. The hearing I observedContinue reading “A best interests decision about contraception and residence”
Transparency, Privacy and the history of the Court of Protection
By Janet Weston, 27th April 2021 The Open Justice Court of Protection Project, which supports members of the public to observe hearings in the Court of Protection, is the clearest possible evidence that the Court of Protection can no longer be described (as it was in the press in 2015) as the most sinister andContinue reading “Transparency, Privacy and the history of the Court of Protection”
Bringing Lucy home
Listening to this story of Lucy’s recent life, and her family’s efforts and persistence in caring for her, was quite shocking to hear – though not entirely surprising. There were so many things that were briefly mentioned, or alluded to in passing, that it was hard to take in all of the incidents and issues that have caused concern and rancour between the family and the Local Authority since Lucy left home. What was quite clear, though, was that things had become much worse over the past year or so, even before the pandemic.
Right to Family Life in a Care Home during a Pandemic: Michelle Davies part 2
By Evie Robson, 9th April 2021 Everyone is suffering as a result of the pandemic. Mr Justice Hayden described it as ‘a pandemic in which fundamental rights and liberties are at every corner curbed’. The ‘right to family life’ (Article 8 of the Human Rights Act) has been one of the most painful casualties of theContinue reading “Right to Family Life in a Care Home during a Pandemic: Michelle Davies part 2”
Difficulty Accessing the Court of Protection as Observers
Evie Robson and Claire Martin, 8th April 2021 Editorial Note: Problems with accessing the Court of Protection – especially (but not only) in the regional hubs – pose an ongoing challenge for public observers. “Inadvertent” as well as “deliberate” exclusion of observers is also discussed in Celia Kitzinger’s blog post here. We welcome suggestions asContinue reading “Difficulty Accessing the Court of Protection as Observers”
Faith, Science and the objectivity of expert evidence
“If organisations like Christian Concern are willing to spend time and money on conducting their ‘pro-life’ campaigns via courtroom litigation, and can find experts willing to act for them, there may be very little the Court of Protection can do to prevent them.”
He’s Polish: Challenging reporting restrictions
By Celia Kitzinger, 1st April 2021 Previous blogs – and the mainstream media – have reported that RS ( the person at the centre of a ‘right to die’ case) was Polish, that the members of his family who wanted life-sustaining treatment to continue are Polish, and that the Polish government was seeking his returnContinue reading “He’s Polish: Challenging reporting restrictions”
A perspective from the ICU on best interests at the end of life
To the ICU clinician, the facts of this case are notable for their ordinariness. This is obviously an unimaginably sad situation for the person and for the family involved, but this sort of clinical situation evolves every day in intensive care units around the country.
Ambiguity and uncertainty in clinical reasoning
“So, I would not only allow but would actively encourage video recording, especially by family members, and especially of observed behaviours the family believe may not have been seen or noticed by clinical observers. If this is openly discussed at an early stage, the clinical team can, at the same time, point out that any recorded material must not be disseminated beyond those people who have a legitimate personal relationship with the patient”
Promoting Open Justice in the Court of Protection 