“… I remain hopeful that by highlighting cases such as Paul’s and learning from lived experiences of psychiatric survivors, we can make small steps that will lead to better experiences of treatment for those in mental health crisis.”
Category Archives: Uncategorized
When Expert Evidence Fails
A hearing before Mr Justice Poole (COP 13551368) listed for three days (26-28 October 2020) was adjourned, only part-heard, because of inadequate reports from the expert witness. The expert witness, Dr Q, a consultant psychiatrist, gave evidence that the person at the centre of the case (let’s call her Barbara) lacked mental capacity to make any of the decisions before the court. His evidence simply collapsed under cross-examination.
From black letter law to real-life decision making
Editor’s note: This is a report of a later hearing in the same case as the one covered in a previous blog here. By Lucy Williams, 29 October 2020 I am studying a module on Health Care Law at the University of York. We explore how decision-making capacity is determined on the basis of the Mental Capacity ActContinue reading “From black letter law to real-life decision making”
A COVID-Secure Attended Hearing
By Adam Tanner, 28th October 2020 Over the past seven years I have worked within the justice system and have been an observer as a law student and PhD researcher in several hundred in-person court hearings. Since the lockdown restrictions commencing in March 2020, there has been a new feel to the justice system inContinue reading “A COVID-Secure Attended Hearing”
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….”
Promoting Open Justice in the Court of Protection 