openjusticecourtofprotection

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”

Use of videos in assessing consciousness: A clinical perspective

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.

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.