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.
Tag Archives: Arbuthnot J
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’.
Researching the Court of Protection: Accessing hearings as a PhD student
By Rhiannon Snaith, 9th December 2022 I’m starting a PhD looking at the media reporting of Court of Protection decisions about life-sustaining treatment. I’m lucky enough to have an ESRC scholarship to do this work, under the supervision of Professor Jenny Kitzinger at Cardiff University. As part of my project, I obviously want to study hearings, understand howContinue reading “Researching the Court of Protection: Accessing hearings as a PhD student”
Surgery for scoliosis when P indicates he doesn’t want it
By Celia Kitzinger, 8th August 2022 A 19-year-old man has severe scoliosis. The Great Ormond Street Hospital for Children NHS Foundation Trust seeks a declaration that it is lawful and in his best interests to undergo spinal surgery (with any deprivation of liberty that may entail). This is not a contested application. The young man (P) is representedContinue reading “Surgery for scoliosis when P indicates he doesn’t want it”
Serious Medical Treatment and Restraint: A young woman with HIV
At the centre of this case is a 17-year-old woman (P), born overseas, who is living with HIV. It is believed she acquired HIV vertically at birth, and her mother died when she was young. P has been raised by her grandmother in this country, and in recent years it appears that she has been looking after her grandmother, who is now elderly with health issues of her own.
Treatment against his wishes but in his best interests (without direct evidence on litigation capacity)
By Celia Kitzinger, 29th April 2022 “Although his wishes and feelings are not to have this operation, those wishes and feelings are based on delusion… I give less weight to his views for that reason.[1]” So said Mrs Justice Arbuthnot at a hearing on 28th April 2022 concerning a man in his late 50s (Mr SH)Continue reading “Treatment against his wishes but in his best interests (without direct evidence on litigation capacity)”
The value of observing a case management hearing in the Court of Protection
By Helen Moizer, 7th April 2022 The value of observing a case management hearing in the Court of Protection. When I observed a Court of Protection hearing for the first time, I did not know what I was entering into or what to expect. Despite it being a video hearing link, I still felt apprehensiveContinue reading “The value of observing a case management hearing in the Court of Protection”
Promoting Open Justice in the Court of Protection 