Ruby Reed-Berendt and Beverley Clough, 13 May 2024 This blog is a summary of a recent article published in the International Journal of Law and Psychiatry, as part of a special issue on mental health and borders. You can read the article in full here. Peter (not his real name) is nearly 20 years old andContinue reading “Capacity and sexual relationships – an ongoing challenge and some cautionary notes”
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Open justice fails again: This hearing wasn’t publicly listed – then the judge denied us remote access, and never sent the approved order
By Celia Kitzinger, 12 May 2024 Last week, Mr Justice Nicklin was announced as the chair of the judiciary’s new transparency and open justice board. He gave a speech welcoming “a new breed of court reporters” – and the “hugely valuable contribution” made by members of the public who tweet or blog from court. It’s lovely to feel “seen” and valued likeContinue reading ” Open justice fails again: This hearing wasn’t publicly listed – then the judge denied us remote access, and never sent the approved order “
Crisis point – is hospital a viable option for P?
By ‘Anna’, 9th May 2024 The protected party in this case (“L”) is a man in his twenties with “significant learning disability”, autism and complex physical disabilities. He had been living at home with a care package in place until July 2021, when his care package broke down and he was moved to a new placementContinue reading “Crisis point – is hospital a viable option for P?”
A day in the Court of Appeal
By Cliodhna Carroll, 8th May 2024 Editor’s note: You too can watch this hearing – it’s recorded and available on YouTube here: https://www.judiciary.uk/live-hearings/re-a-by-her-litigation-friend-the-official-solicitor/ On 30th April 2024, having cancelled my day due to a bad cold and looking like Rudolph the reindeer, I reached for my iPad to find something to entertain me and remembered thatContinue reading “A day in the Court of Appeal”
“Substantial disagreement” about whether P should return home
By Daniel Clark, 6 May 2024 Mrs F has a diagnosis of schizophrenia, and has been detained under the Mental Health Act 1983 on a number of occasions. She is currently residing in a mental health hospital. She is medically fit for discharge and subject to a standard authorisation under the Deprivation of Liberty Safeguards. TheContinue reading ““Substantial disagreement” about whether P should return home “
Final considerations for a s21a challenge: Questions about truth-telling to someone with dementia and, yet again, issues with the Transparency Order
By Daniel Clark, 2nd May 2024 Mrs B has a diagnosis of dementia and has lived in a care home for over a year. She does not want to live in a care home; she wants to return home and can see no reason why she can’t. However, her home has been sold and sheContinue reading “Final considerations for a s21a challenge: Questions about truth-telling to someone with dementia and, yet again, issues with the Transparency Order”
Challenges relating to capacity to engage in sexual relations
By ‘Anna’, 30 April 2024 I want to learn more about capacity, how capacity assessments are done and how Court of Protection judges determine whether somebody has capacity to make decisions. So, when I saw the following hearing listed on the Open Justice Court of Protection Project Twitter (X) page, it sounded an interesting hearingContinue reading “Challenges relating to capacity to engage in sexual relations”
“For now, it’s a ‘no'”: Court considers access to Grand Theft Auto
By Gill Loomes-Quinn, 28 April 2024 Grand Theft Auto – a series of action-adventure games – was at the centre of this hearing. The protected party (C ) doesn’t want restrictions on his liberty to play the video games – but is (his carers say) “unable to cope with the emotional impact” of them. Gaming “leadsContinue reading ““For now, it’s a ‘no’”: Court considers access to Grand Theft Auto”
When P’s best interests aren’t in a Council’s financial interests
by Daniel Clark, 21st April 2024 The court has previously found that it is in the best interests of Mr B to remain in his current care home. However, unless he obtains Continuing Healthcare funding, he will have to move because the local authority aren’t able to meet the high cost of the care home. ToContinue reading “When P’s best interests aren’t in a Council’s financial interests”
A contested capacity hearing
By Nell Robson and Claire Martin, 19 April 2024 We observed a hearing (COP 14181752) in Derby before District Judge Lubega on the 12th April 2024. It was listed like this on CourtServe: My (Nell’s) interest in this hearing was piqued because I am a sixth form student currently completing an EPQ (Extended Project Qualification) aboutContinue reading “A contested capacity hearing”
Promoting Open Justice in the Court of Protection 