The pandemic has had very many devastating effects, one of which is that it has denied families the experience of being able to spend time at the patient’s bedside. From the clinical perspective this has had several adverse consequences.
Author Archives: openjusticecourtofprotection
Seeing is Believing? Patient Videos in Life-Sustaining Treatment Disputes
“The dispute about RS’s treatment spread well beyond his treating team and his family. It spilled out from the bedside to the courts and into the public domain and then back again through the legal system (including the Court of Protection, the Court of Appeal, and the European Court of Human Rights). There were many powerful forces at play, and a huge clash of religious and cultural values. The persuasive power of video was a crucial lightening rod in how the story played out.”
A life worth living? The importance of advance decisions
I joined the hearing expecting to come out of it with an increased understanding and experience of the law in this area, which would complement my studies. However, to my surprise, I left with an increased personal awareness of the importance discussing these often ‘taboo’ and topical subjects.
Parents in conflict over life-sustaining treatment for their daughter
The judge invited her mother to choose a pseudonym (for the published judgment) that her daughter might have liked. She is anonymised as “Lilia” – the name of her favourite teddy bear.
Delay in a Section 21A Challenge to the Capacity Requirement
One obviously concerning aspect of this case is that Mr B’s (possibly unlawful) deprivation of liberty has been going on for a long time. I’m not sure when he moved into the care home, or at what point he started objecting to living there, but proceedings challenging his detention began more than a year ago, in January 2020.
How not to do open justice in the Court of Appeal
“There’s clearly a case for saying that skeleton arguments should normally be automatically available to observers in a public hearing and provided to us by counsel in a suitable format. “
Visual Monitoring, Deprivation of Liberty and Human Rights
By Claire Martin, 6th March 2021 Inspired by the Open Justice Court of Protection Project, I have attended several Court of Protection hearings over the past 8 months (and blogged about some of them too). As a psychologist working with older people in the NHS, I have found these observations valuable continuing professional development. They are a great educationContinue reading “Visual Monitoring, Deprivation of Liberty and Human Rights”
Treatment for testicular cancer for autistic learning disabled man
By Celia Kitzinger, 3rd March 2021 There was a positive outcome to the hearing before Mrs Justice Lieven on Wednesday 27th January 2021. After listening to evidence from the treating clinicians and an independent expert consultant in oncology, the Trust and the mother of “RB” (as he is called in the court documents) came to anContinue reading “Treatment for testicular cancer for autistic learning disabled man”
Observing my first hearing as a Year 12 student
“I’m a Year 12 student (aged 16) interested in studying Law at university but I’m not able to get any work experience due to the pandemic, so observing a Court of Protection hearing was a great opportunity. ..”
Mentoring undergraduates to observe a Court of Protection hearing
My experience of mentoring students and integrating a court hearing into the course I was teaching was time consuming but it was a rewarding teaching experience. Engaging with how this hearing unfolded in real time has helped my students to understand the complex interface between law, medicine and lived experience. This can only enhance their development as students, as future professionals, and as citizens and help to promote the principles of open justice.
Promoting Open Justice in the Court of Protection 