openjusticecourtofprotection

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.

Two journalism undergraduates observe a Court of Protection hearing

“It wasn’t combative like you see on the TV. Instead there was a very clear statement from the judge that these were civil proceedings and were very different from a criminal case – there was no ‘prosecution’ and it should not be seen as ‘a fight'”

Ethical complexity in a life-sustaining treatment case

By Bonnie Venter, 23rd February 2021 Editorial Notes: (1) A tweet thread about the hearing is available here. (2) The judgment has been published here. (3) A different perspective on the same hearing (by Bridget Penhale) has been published here. There are moments in life that cause a monumental shift in who we used to be and who we areContinue reading “Ethical complexity in a life-sustaining treatment case”

Treatment withdrawal in the ICU when clinicians and family disagree

By Bridget Penhale, 22nd February 2021 Editorial note: The judgment has been published here. When I logged into this hearing (COP 13712297, before Mr Justice Hayden) on the afternoon of Wednesday 10thFebruary 2021, I discovered it had been listed as an urgent matter relating to medical decisions about TW, a 50-year-old man with a catastrophicContinue reading “Treatment withdrawal in the ICU when clinicians and family disagree”

The Prologue to a Life Story

By Rebecca Poz, 18th February 2021 I have attended court before, both in person pre-Covid, and remotely in 2020. I have attended Magistrate’s Court, Crown Courts, the Court of Protection and the High Court, as well as Fitness to Practice Hearings, but I have only ever attended as an Expert Witness, and once as aContinue reading “The Prologue to a Life Story”

Who is to blame if the COVID-19 vaccination causes harm to P?

Bridget Penhale, 16 February 2021 Editorial notes: (1) For a different perspective on this same case, check out the earlier blog post by Bonnie Venter here. (2) The judgment has now been published SD v Royal Borough of Kensington And Chelsea [2021] EWCOP 14 (10 February 2021) I attended the hearing on C-19 vaccination (COPContinue reading “Who is to blame if the COVID-19 vaccination causes harm to P?”