By Sydney White, 24th June 2026 The grave facts of this case (COP 20033278, before Mrs Justice Theis on 23rd June 2026) are discussed in a previous blog (Anorexia, declaratory protection and the Mental Health Act: Ventilating a jurisdictional question following Townsend). In summary it concerns a woman (“P”) who suffers from anorexia nervosa and isContinue reading ““Steadying the ship”: Vice President’s judgment will list factors to consider before making applications for declaratory relief in life-sustaining treatment cases relating to the Mental Health Act”
Category Archives: Uncategorized
A personal reflection on decision-making processes
By Vicky Farrell, 22nd June 2026 As an experienced clinical lead within NHS community services for older adults, I recently attended a virtual hearing with the aim of gaining insight into how the Court of Protection facilitates complex decision-making outcomes. The case I observed was COP 20019749 before Mrs Justice Theis sitting at the RoyalContinue reading “A personal reflection on decision-making processes”
Fit for discharge for the last 8 months and still in hospital: Yet more delay (and Lieven J offers to mediate)
By Kim Dodd and Amanda Hill, 21 June 2026 “I apologise to [P’s siblings], who must think that the justice system is a bit of a joke. But we have to do our best.” Mrs Justice Lieven, 5th June 2026 The protected party (P) is a woman with diagnoses of mild learning disability, “emotionally unstableContinue reading “Fit for discharge for the last 8 months and still in hospital: Yet more delay (and Lieven J offers to mediate)”
Removal of P from the family home: Permission to appeal refused
Counsel for the local authority said they would look to carry out the move on Thursday (two days later). The judge explored with everyone how this would work in practice. As always, Senior Judge Hilder’s questions showed exemplary attention to detail in planning ahead as well as displaying her grasp of the material in the bundle.
Court approves sedative PRN medication
By Maria Maier, 17th June 2026 As an Independent Advocate for individuals who lack mental capacity, I have seen at first-hand the vital role the Court of Protection plays in safeguarding some of the most vulnerable members of society. Despite its importance, the Court’s work is often overlooked and underreported. By observing and reporting onContinue reading “Court approves sedative PRN medication”
Iatrogenic harm and the Court of Protection
Court proceedings can cause unintended harm to the person at the centre of the case (“P”) as well as to P’s family, and to P’s wider support network….
The Supreme Court’s judgment is an opportunity returning us to common sense
by Lorraine Currie, 11th June 2026 The image accompanying this blog has been provided by Lorraine’s daughter: the Magic Artist, Grace. To see her artwork (and for details about how to purchase it), you can visit her website: https://gracecurrie.art Editorial Note: this is the first of a series of ‘commentary’ blog posts we plan to publishContinue reading “The Supreme Court’s judgment is an opportunity returning us to common sense”
A statement on the Court of Appeal’s judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements)
By the core team of the Open Justice Court of Protection Project, 9th June 2026 On 21 May 2026, the Court of Appeal handed down judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements [2026] EWCA Civ 640. This was an appeal against the decision of Poole J in Re AB (Disclosure of Position Statements) [2025]Continue reading “A statement on the Court of Appeal’s judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements)”
Five Practical Tips For Observing Your First Court of Protection Hearing
By Maria Maier, 13th May 2026 I attended my first ever Court of Protection hearing (Case 20033278) on Monday 11th of May 2026. Listed for 10:30am before Mrs Justice Judd, sitting in the Royal Courts of Justice, this was a Serious Medical Treatment case concerning a young woman with anorexia. The hearing focused on aContinue reading “Five Practical Tips For Observing Your First Court of Protection Hearing”
Anorexia, declaratory protection and the Mental Health Act: Ventilating a jurisdictional question following Townsend
Given the likelihood of an upcoming Supreme Court hearing, it may be that Townsend provides a very slender thread on which to base the Trust’s argument – or indeed, on which to delay determination of P’s best interests by first detouring down what might turn out to be a jurisdictional cul-de-sac over the next six weeks.
