By Claire Martin, 25th March 2023 Mr A is the applicant in this case. He is currently deprived of his liberty in a care home setting. He has made a s.21A application challenging his deprivation of liberty on the grounds that he has capacity to make the relevant decisions about his care, residence and finances, andContinue reading “Conflating capacity and best interests? Cross-examining a neuropsychiatrist”
Category Archives: Uncategorized
Emergency placement order in a closed hearing
By Celia Kitzinger, 20th March 2023 At a closed hearing by telephone, out-of-hours on Saturday 25th February 2023, Mr Justice Hayden granted an order that it was in P’s best interests to be removed from the home where she lives with her sister (Q) and taken to an emergency placement. Mr Justice Hayden also approved anContinue reading “Emergency placement order in a closed hearing”
‘Deprived of her liberty’: My experience of the court procedure for my mum
I am sharing these thoughts in the hope that it might help other families in similar situations – and I’m writing also for the legal professionals involved in what is, for them, probably routine work, to help them understand more about what it feels like for a family member.
Where shall P live?
This is a woman who led walking groups for much of her adult life, loved the outdoors, loves gardening and has found great- what in modern parlance we’d call ‘well-being’ in those things, but really they are things she enjoys doing and has found in them great joy and solace.
Treatment escalation for a teenager in ICU
By Rhiannon Snaith, 16th March 2023 I am a PhD student at Cardiff University researching media representations of end-of-life decisions. I have previously observed a number of hearings in the Court of Protection (CoP) and have blogged about several cases (see bio). I was keen to watch this hearing as I’d learnt that it wasContinue reading “Treatment escalation for a teenager in ICU”
When P objects to an expert
This was an interesting hearing because – like other hearings in which articulate and determined protected parties participate – the role of the person’s own wishes and feelings, and their place in ‘best interests’ decision-making is thrown into sharp relief. I have no doubt that Laura (and her parents) will oppose a court determination that Laura continues to lack capacity. And whatever the court finding on capacity, Laura’s wishes are going to have to play a key role in any future ‘best interests’ decisions made about her.
“This is a quagmire and it needs to be urgently done”: LPA objections, disputed capacity and an imperative need for a panel deputy
By Eleanor Tallon, 12th March 2023 Very little was revealed about the woman at the centre of this case – other than she has been living in a care home since the end of 2021, whilst her son remained living in her home. In June 2021, she had made a Power of Attorney for Property and AffairsContinue reading ““This is a quagmire and it needs to be urgently done”: LPA objections, disputed capacity and an imperative need for a panel deputy”
Discharge from hospital: Light at the end of a very long tunnel
Daniel Clark, 10th March 2023 – with new update by Celia Kitzinger about the emergency hearing on 16th March 2023 (added at end of blog post) This hearing (COP 14036761, before Mrs Justice Theis) was scheduled to begin at 10:30am on Monday 6th March, 2023. However, the Judge was engaged with an urgent matter and soContinue reading “Discharge from hospital: Light at the end of a very long tunnel”
Injunction against a mother: ‘Biting the bullet’
By Avaia Williams, 8th March 2023 The person at the centre of this case (DS), a man in his early thirties, has been living in an acute hospital ward for over 14 months. That’s not due to a difficult-to-treat medical condition, or to a detention considered necessary under the Mental Health Act 1983 or aContinue reading “Injunction against a mother: ‘Biting the bullet’”
‘The baby has to come out’: Court-authorised caesarean when subject-matter and litigation capacity are disputed
By Ruby Reed-Berendt, 3rd March 2023 The woman at the centre of this case (SEM) was 32 years old and pregnant with her first child. The Trusts responsible for her obstetric and psychiatric care had made an application that it would be lawful to carry out a caesarean section, notwithstanding that – in the view of all theContinue reading “‘The baby has to come out’: Court-authorised caesarean when subject-matter and litigation capacity are disputed”
Promoting Open Justice in the Court of Protection 