“Can we stress in your piece that social services need to listen to the families. That’s what I want to get out of this. They need to listen and understand that we have their best interests at heart. We know the person better than anybody else – certainly better than social services that just poke their noses in and misinterpret.”
Tag Archives: Arbuthnot J
“Let us be alone as a family again”: An application for unsupervised contact at Christmas
By Daniel Clark & Kim Dodd, 23rd December 2024 Like many other people, the protected party, CA, goes to church on Christmas morning and then enjoys spending the rest of the day with her family. She has done this for many years. Following court orders that all contact with her daughter must be supervised, aContinue reading ““Let us be alone as a family again”: An application for unsupervised contact at Christmas”
Application to appeal against judgment authorising withdrawal of life-sustaining treatment: Re XY
By Jenny Kitzinger, 4th December 2024 The Court of Appeal hearing I observed on the 26th November 2024 concerned an application for permission to appeal a Court of Protection judgment. I’d watched the original Court of Protection hearing (COP 20002405) in early November and blogged about it (“Withdrawing life-sustaining treatment: Faith and Science”). The judgment, handed down on 11th November –Continue reading “Application to appeal against judgment authorising withdrawal of life-sustaining treatment: Re XY”
Withdrawing life-sustaining treatment: Faith and Science
By Jenny Kitzinger, 25th November 2024 Update: Judgment was handed down to the parties on 11th November 2024 and is available here: https://caselaw.nationalarchives.gov.uk/ewcop/2024/68. It authorises the withdrawal of life-sustaining treatment on the basis that, due to severe and extensive brain damage. continuing treatment is not in the patient’s best interests. The daughter sought permission toContinue reading “Withdrawing life-sustaining treatment: Faith and Science”
Complex issues for the court and plans for an ‘omnibus’ capacity hearing
By Claire Martin, 9th July 2024 At the centre of this case is Mrs G who has come to the attention of the court because carers have alleged that her daughter is abusing her. Mrs G is said to complain to carers about her daughter’s behaviour, and then to retract these statements later. Her capacity to decide aboutContinue reading “Complex issues for the court and plans for an ‘omnibus’ capacity hearing”
After the kidney transplant: The view from “Team William”
If I were presented with this situation again, I would most definitely do it all again in a heartbeat. William’s situation demonstrated to me that although there are risks to being placed in intensive care, it was absolutely the right decision for William.
Emergency placement order in a closed hearing
By Celia Kitzinger, 20th March 2023 At a closed hearing by telephone, out-of-hours on Saturday 25th February 2023, Mr Justice Hayden granted an order that it was in P’s best interests to be removed from the home where she lives with her sister (Q) and taken to an emergency placement. Mr Justice Hayden also approved anContinue reading “Emergency placement order in a closed hearing”
Standoff about the appropriate expert: A pragmatic judicial solution
By Celia Kitzinger, 21 February 2023 Laura Wareham, 34, has been in hospital since April 2022 following an emergency admission. She has “a hugely complicated medical background”, including “autistic spectrum disorder”, “bipolar affective disorder” and “Bodily Distress Syndrome”. An independent expert has found that she lacks capacity to make decisions about residence, care and support, medical treatment andContinue reading “Standoff about the appropriate expert: A pragmatic judicial solution”
Forced Marriage Protection Order
By Celia Kitzinger, 16 February 2023 The young man at the centre of this case (M) is 24 years old and has been diagnosed with moderate learning disability and “autistic tendencies”. Back in August 2020, M’s mother told social workers that she had found a ‘suitor’ for her son in Pakistan, and that she plannedContinue reading “Forced Marriage Protection Order”
“He deserves a chance”? Continuities and shifts in decision-making about life-sustaining treatment
the family in this case was holding on to the smallest glimmer of hope to stave off the devastating certainty of loss if their loved one died. Like so many people, they also had a belief that their family member was the one who would defy the odds – he is a ‘fighter’ whose sheer determination will enable him to overcome catastrophic brain injury. They also conveyed their strong sense that the person they knew is still ‘in there’, in the warm and moving body, that looks so different from how one imagines a classic ‘coma’.
Promoting Open Justice in the Court of Protection 