By Aura Mackintosh Bamber, 22 February 2022 For any child’s family, a diagnosis of Prader-Willi Syndrome brings with it a number of responsibilities and worries that are involved in properly caring for and managing this complex disorder. These worries are only exacerbated when a decision is made to deprive that child of their liberty inContinue reading “Delay in finding a suitable placement for a young adult with Prader-Willi syndrome”
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Prader-Willi Syndrome and Transparency
A young man with Prader-Willi Syndrome was at the centre of a hearing before Theis J. I can only tell you this because journalist Brian Farmer and I made submissions to the judge saying that we should be allowed to report it and she eventually agreed.
A response to ‘The politics of the pandemic…’: COVID-vaccination of a disabled man
Let me be clear: I also do not know where the evidence points, because the evidence is not reliably available to examine. I do not know this because the supremacy of evidence-based medicine has been lost, which is personally devastating, as I wonder what will happen to evidence, debate, scientific method and freedom to explore uncertainty.
No decision without representation
There was no legal representation for Mr M, nor was he in court himself. The judge said, right away, as soon as this became apparent: “I’m highly unlikely to do anything of substance today, without him being represented”.
Four commentaries on Re PH before Hayden J
especially psychiatric/psychological diagnosis. He ensures that the relational interplay between the health and social care organisations and each P is noted. This means that ‘behaviour’ is not located in P (or conversely only in the clinicians/teams/organisations) but in the relationship between them. Given the location of power in a patient-to-system dyad, I think this is vital in CoP cases. It conveys to each person at the centre of a case that they matter as a person in the CoP.
A home not a hospital: Service delivery goals for PH
reflect on how having some level of oversight from a professional who is somewhat independent, and who can initiate communication with separate bodies (i.e. care home management, local authority, health commissioning) can be pivotal in ‘making things happen’ for P, that wouldn’t have necessarily happened without such intervention.
Why members of the public don’t ask earlier to observe hearings (and what to do about it)
udges have suggested repeatedly over the last 18 months – to me, and to other observers – that we should ask to observe hearings in a timely fashion, giving judges (and advocates and court staff) more warning that we want to be there in court.
A ‘secret’ hearing on life-sustaining treatment
The Health Board was seeking a declaration from the court either [1] that PH does have capacity to refuse nutrition and that his wishes not to continue to be fed should continue to be respected, even if this means his death; OR [2] that PH lacks capacity to refuse nutrition and that it is not in his best interests to attempt to feed him nutrition against his wishes and so he should be allowed to die.
Cross-examining a GP in a COVID-vaccination hearing
By Celia Kitzinger, 4th February 2022 Editorial note: The judgment is published here: A CCG v. DC & MC & AC [2022] EWCOP 2. The parents subsequently appealed the decision, and the appeal was heard by Hayden J MC & Anor v A CCG & Anor [2022] EWCOP 20. (See postscript to this blog forContinue reading “Cross-examining a GP in a COVID-vaccination hearing”
Not quite there yet: My first three attempts to observe a Court of Protection hearing
The Judge then went on to say that as I had only requested access at 10.50pm the evening before, she had not had time to go through formalities. She then referred to Claire Martin, another public observer (and core member of the Open Justice Court of Protection Project) who was also observing the proceedings and requested that we ‘kindly leave’. So that was that. Abrupt as it was, I duly obliged, and felt slightly down beaten at this point.
Promoting Open Justice in the Court of Protection 