Where P should live

“One of the most relevant and pleasing aspects of the hearings has been the evident attention paid to the involvement of P in proceedings. Although P did not attend any of these hearings, what did come across and was clearly conveyed was a real sense of P as an individual and what their views, wishes and feelings were/are in relation to the life-matters affecting them.”

Ethical issues in restraining patients for dialysis

“…Two aspects of Paul’s treatment particularly interest me. First, that the restraint required is rather extreme. Second, that the patient had expressed a clear desire to be restrained as he wants to be dialyzed…”

Influencing ‘best interests’ decisions: An eloquent incapacitious P

“Many of us may be deemed by the courts to lack capacity to make key decisions about our own lives at a point where we believe ourselves entitled to make decisions for ourselves – indeed the very loss of insight that can come with brain injury may render us completely unable to recognise our own limitations. Like Mr G, we may fight (and lose) an argument that we are capacitous.”

Costs and benefits of acting as expert witness in the Court of Protection

By a Serious Brain Injury Case Manager, 13 October 2020 This tweet gave me reason to pause and reflect because it came on the back of a request by a lawyer to commission me, as a professional working in acquired brain injury, as an expert witness for the Court of Protection.  The vast majority ofContinue reading “Costs and benefits of acting as expert witness in the Court of Protection”

A Decision about Capacity

Ruth was not in court. She was represented in court by a barrister appointed and instructed via the Official Solicitor. Her barrister reported that “Ruth is very clear in her own mind that she does not lack capacity to make these decisions”. But he did not argue on her behalf that the court should accept that she has capacity.

Dementia, Cats and Football

Gerald “strongly believed he could manage at home with care visits, but preferred to stay in the current ‘so-so’ home if around-the-clock care was needed. If a care home was truly necessary, Gerald asked only that one capable of accommodating his cat could be found….”

A law graduate’s first experience of a COP (telephone) hearing

By Emily Williscroft, 7 October 2020 My experience of observing a Court of Protection hearing was exciting and bewildering and a brilliant educational opportunity.  I feel inspired to observe more hearings because it’s such a fantastic way of learning more about the law in practice. I finished my undergraduate degree (with first class honours from EdgeContinue reading “A law graduate’s first experience of a COP (telephone) hearing”

Observing as a GDL student in the (virtual) Court of Protection

As a GDL student looking to gain legal experience in the middle of a global pandemic, things have not been easy recently … I am extremely grateful to the Open Justice Court of Protection Project … for providing me with the information and assistance I needed to be able to gain access to a hearing”

A Permissive Order For Amputation Contrary to P’s Wishes

“…Lieven J’s handling of an emergency application and the way in which best interests was decided in this case are going to greatly inform my future research into the way in which the best interests test is applied by professionals in both medical and legal settings…”