What a mess! The Court of Protection seems here (from what the daughter said, not contested by the judge) to have actively worked against P’s best interests. It cannot possibly have been in his best interests have his bank account frozen for more than three years – when the money could almost certainly have been invested and gained better interest elsewhere and debts would have been paid.
Tag Archives: Best Interests
Learning from five nonagenarians: Can we avoid becoming a “P” in the Court of Protection in our old age?
In a single month, I observed five hearings involving nonagenarians – people in their nineties. I can’t imagine that anyone would choose to be involved – or to have their family members involved – in Court of Protection proceedings as they approach the end of their life. I’m not sure, though, having considered these five cases carefully (and looked at others we’ve blogged about) that there’s much we can do to avoid it.
A public interest case with significant redactions
This case will return to court on a day I can’t tell you before a judge I can’t name. To find the case, you’ll need to look at the listings for a hearing centre I can’t tell you, and ask to observe the case by reference to case number that I can’t give you.
Systems-generated trauma and closed proceedings: Hywel Dda University Health Board v P & Anor [2024] EWCOP 70 (T3)
The published judgment is the formal public version of what happened to Zoe and her daughter, as told from the perspective of a Court of Protection judge in July 2024. This is Zoe’s story (and mine, as I experienced the court proceedings alongside her).
Jonathan Sumption talks to Celia Kitzinger about the work of a Supreme Court judge
“if there’s a decision of the Supreme Court that is arguably wrong, the sooner we decide whether it is, the better…. There is no such thing as an infallible institution.”
Applying for a statutory will: Observation and personal experience
In 2022, I applied for a statutory will on behalf of my sister, Polly Kitzinger, who has an acquired brain injury dating from a car crash back in 2009. It was a simple and uncontested case. The judge decided it on the papers, without a hearing.
Rebuilding “trust” after abuse is revealed on CCTV and there are no available options for alternative care provision
There is CCTV showing staff failing to intervene when JC soiled himself, staff sleeping, inappropriate use of their phones… Some staff have been removed from his care package. Others have received final warnings and further training”. These “others” are still caring for JC.
Writing support plans, an appropriate 1.2 rep, and educational provision
At the December 2024 hearing (which I did not observe), the judge had directed that an up-to-date Care Act assessment and support plan be filed with the court in time for the next hearing. That hadn’t happened by the time of the April hearing, and he wanted to know why not.
Renal Failure Case Returns: Dialysis problems and Barnet’s non-compliance with a court order
Non-compliance from the public body was dealt with by judicial expressions of incomprehension (“I’m struggling to understand…”) about the Local Authority’s failure to act and about their failure to apologise for not doing so. This led to an acknowledgement of (some) fault by Barnet…
Contact Restrictions between P and their Family in the Court of Protection: How Decisions Are Made
Contact is a recurring issue in Court of Protection proceedings. I have been working in this area for eight years and my rough estimate would be that a dispute around contact (justified or otherwise) has arisen in around 30-40% of the cases I work on.
Promoting Open Justice in the Court of Protection 