As a GDL student looking to gain legal experience in the middle of a global pandemic, things have not been easy recently … I am extremely grateful to the Open Justice Court of Protection Project … for providing me with the information and assistance I needed to be able to gain access to a hearing”
Category Archives: Uncategorized
Amputation: A best interests decision for the surgeon
He was a 61-year-old male inpatient who was of Afro Caribbean origin and had been admitted to hospital with a serious foot infection. He has a history of mental health problems (paranoid schizophrenia)
A Permissive Order For Amputation Contrary to P’s Wishes
“…Lieven J’s handling of an emergency application and the way in which best interests was decided in this case are going to greatly inform my future research into the way in which the best interests test is applied by professionals in both medical and legal settings…”
How to use CourtServe
“…Improving the CourtServe listings…would be a substantial contribution to Open Justice and transparency in the Court of Protection.”
Applying to be a deputy in place of the court-appointed deputy
“…it was reassuring to witness a judge who acted with empathy for the family’s concerns whilst ensuring that P remained the primary focus. Judge Hilder skilfully found solutions to empower both P and her family throughout the process by suggesting ways to involve them as much as possible.”
A Litigant in Person returns to the virtual court – Navigating Approaches to Care when Family and Local Authority Disagree – Part 2, One Week On
“…I also recognise that I may hear things that I disagree with in the course of a hearing. When something unexpected is said, I noted that the Judge needs to quickly form a view on whether it is relevant to the hearing or not, and if not, let it go…”
Advance Requests for Restraint and Compulsory Treatment
“For Paul, the outcome was the one he wanted – at least at time of capacity…[but]…That decision was not his. it was a best interests decision made by the court…”
New Hearing Feedback Form
“…We hope people observing hearings will want to use the Hearing Feedback Form. We think it will be useful to you in providing a structure for your observations and prompts as to what to look out for to achieve the best possible understanding of what is going on in court…”
The myths and mistakes of capacity and criminality
“If we recognise that P may be a victim of offending, we must also recognise that some Ps are at risk of offending. Likewise, those who have offended in the past may lose capacity in the future. When we accept these basic propositions as fact, we may start to break down the myths and stop the mistakes when issues of criminality and capacity collide.”
Covert medication
“…Understandably, the decision to prescribe an antipsychotic to a person with dementia and administer it covertly should not be taken lightly. Counsel in this hearing noted that it represented a ‘significant interference’ with P’s human rights…”
