“Something has plainly gone wrong in this case. The public, particularly the taxpayers who fund the local authority with responsibility for KB’s welfare, have a right to know the name of the local authority. In the real world, people won’t try to work out KB’s identity, they’ll moan about the council: and they should be able to do that. If the local authority isn’t named, residents can’t tweet their concerns; people can’t tell newspapers that they’ve also had issues; the local MP can’t ask questions; even the councillors on the local authority may not know that the local authority involved is their local authority: they certainly can’t debate the issue at a public meeting”
Author Archives: openjusticecourtofprotection
Inviting family into the decision-making process
“I watched as Mr Justice Hayden, with calmness, clarity and compassion deconstructed this fallacy, with the simple but sensitive prompt of “making the decision for him, not for you”. I flatter myself that I have effective communication skills but admit to being unexpectedly moved by watching the judge in action.”
Refusing kidney dialysis – a daughter’s reflections
“When I asked for access to observe a hearing in the Court of Protection, I had no idea how close to home the key issue would turn out to be. …. The person at the centre of the case, AI, has end stage kidney disease. .. he’ll probably refuse to come back in for dialysis. This could mean that he dies…. My father died just over a year ago (in his mid 70s) because he, too, refused dialysis.”
Accountability for the rape of a vulnerable woman
“KB could not comprehend that a baby was growing inside of her. As a result of her learning difficulties, she was unable to verbalise beyond an occasional yes/no and it was deemed that she would not be able to undergo a vaginal birth. In his judgment, Mr Justice Poole said that the evidence shows that KB’s lack of understanding is “profound”
What does the Court of Protection need to know about “borderline personality disorder”?
The words of those given the diagnosis are seen as meaningless because an expression of pain is viewed as just seeking attention, and a legitimate complaint is ‘typical PD’. “Inappropriate anger” is one of the criteria for BPD and what greater power imbalance can there be for someone whose reactions to injustice are labelled by others as “inappropriate”?
Deprivation of Liberty at an Urgent Hearing
By Caroline Hanman[1] – 17th November 2020 The person at the centre of this hearing (pseudonymised as “Michael” in this post) is a young man under the age of 18. He’s autistic and he has learning difficulties and ADHD (“attention deficit hyperactivity disorder”). He sometimes exhibits challenging behaviour which on occasion has resulted in physical injury toContinue reading “Deprivation of Liberty at an Urgent Hearing”
Privacy, Capacity, and the Judge’s Communication Skills
“Hayden J has been at the forefront of ensuring that the voice of P is heard in the Court of Protection and that P is included in the hearing about them as much as is feasible… This hearing embodied that, with Hayden J taking the lead in ensuring that Ms P’s voice was not only heard but that she fully understood the proceedings. “
Advance decisions on intimacy
“the proposal gives rise to strong feelings [and] poses challenges to conceptions of what we are willing to empower people to decide about in advance, and about how expressions of sexual preference could be ‘housed’ within such decisions where they may clash with the views of others around the person about what they consider to be acceptable.”
Should life-sustaining treatment be continued?
“Nine public observers attended (via MS Teams) an all-day hearing in the Court of Protection before Mr Justice Poole (COP 1353507, 30 October 2020) concerning whether or not life-sustaining treatment should be continued…”
Psychiatric Survivors’ Views on Advance Consent and ‘Forced’ Treatment
“… I remain hopeful that by highlighting cases such as Paul’s and learning from lived experiences of psychiatric survivors, we can make small steps that will lead to better experiences of treatment for those in mental health crisis.”
Promoting Open Justice in the Court of Protection 