The judge invited her mother to choose a pseudonym (for the published judgment) that her daughter might have liked. She is anonymised as “Lilia” – the name of her favourite teddy bear.
Category Archives: Uncategorized
Delay in a Section 21A Challenge to the Capacity Requirement
One obviously concerning aspect of this case is that Mr B’s (possibly unlawful) deprivation of liberty has been going on for a long time. I’m not sure when he moved into the care home, or at what point he started objecting to living there, but proceedings challenging his detention began more than a year ago, in January 2020.
How not to do open justice in the Court of Appeal
“There’s clearly a case for saying that skeleton arguments should normally be automatically available to observers in a public hearing and provided to us by counsel in a suitable format. “
Visual Monitoring, Deprivation of Liberty and Human Rights
By Claire Martin, 6th March 2021 Inspired by the Open Justice Court of Protection Project, I have attended several Court of Protection hearings over the past 8 months (and blogged about some of them too). As a psychologist working with older people in the NHS, I have found these observations valuable continuing professional development. They are a great educationContinue reading “Visual Monitoring, Deprivation of Liberty and Human Rights”
Treatment for testicular cancer for autistic learning disabled man
By Celia Kitzinger, 3rd March 2021 There was a positive outcome to the hearing before Mrs Justice Lieven on Wednesday 27th January 2021. After listening to evidence from the treating clinicians and an independent expert consultant in oncology, the Trust and the mother of “RB” (as he is called in the court documents) came to anContinue reading “Treatment for testicular cancer for autistic learning disabled man”
Observing my first hearing as a Year 12 student
“I’m a Year 12 student (aged 16) interested in studying Law at university but I’m not able to get any work experience due to the pandemic, so observing a Court of Protection hearing was a great opportunity. ..”
Mentoring undergraduates to observe a Court of Protection hearing
My experience of mentoring students and integrating a court hearing into the course I was teaching was time consuming but it was a rewarding teaching experience. Engaging with how this hearing unfolded in real time has helped my students to understand the complex interface between law, medicine and lived experience. This can only enhance their development as students, as future professionals, and as citizens and help to promote the principles of open justice.
Two journalism undergraduates observe a Court of Protection hearing
“It wasn’t combative like you see on the TV. Instead there was a very clear statement from the judge that these were civil proceedings and were very different from a criminal case – there was no ‘prosecution’ and it should not be seen as ‘a fight'”
Ethical complexity in a life-sustaining treatment case
By Bonnie Venter, 23rd February 2021 Editorial Notes: (1) A tweet thread about the hearing is available here. (2) The judgment has been published here. (3) A different perspective on the same hearing (by Bridget Penhale) has been published here. There are moments in life that cause a monumental shift in who we used to be and who we areContinue reading “Ethical complexity in a life-sustaining treatment case”
Treatment withdrawal in the ICU when clinicians and family disagree
By Bridget Penhale, 22nd February 2021 Editorial note: The judgment has been published here. When I logged into this hearing (COP 13712297, before Mr Justice Hayden) on the afternoon of Wednesday 10thFebruary 2021, I discovered it had been listed as an urgent matter relating to medical decisions about TW, a 50-year-old man with a catastrophicContinue reading “Treatment withdrawal in the ICU when clinicians and family disagree”
Promoting Open Justice in the Court of Protection 