On not allowing the strong views of family members to prevail: A COVID-19 hearing

“Strongly held views by well-meaning and concerned family members should be taken into account but never permitted to prevail nor allowed to create avoidable delay. To do so would be to expose the vulnerable to the levels of risk I have identified, in the face of what remains an insidious and highly dangerous pandemic virus“ (Hayden J §26, SD v Royal Borough of Kensington and Chelsea [2021] EWCOP 14)

Untenable and unsafe: A trial of living in the community breaks down

So, Mr G will return to the safety of residential care, where he will no doubt continue to rage against his incarceration, but there will be a suitable infrastructure to help him manage his precarious health condition. The question one is left with, of course, is, as Munby J famously said: “What good is making someone safer if it merely makes them miserable?”

Abuse and coercive control? A fact-finding hearing and exoneration

allegations against Miss F. They included allegations of physical and financial abuse and coercive control, and an allegation that she’d deliberately administered an insulin overdose when she visited him in hospital. There were also reports of her being obstructive and hostile to healthcare professionals trying to support Mr G.

The politics of the pandemic in the Court of Protection

Fears about government infringement of fundamental freedoms via compulsory vaccinations and vaccine passports has also fuelled public unrest internationally.Critics point to the weaponizing of fear to coerce population-wide vaccination and to the use of coercive psychological power to pit those who comply with mask-wearing against those who do not, and the vaccinated against the unvaccinated.

Continuing search for a placement – 5 months on

The local authority had, he said, “… invited the Court to escalate the matter to the Department of Education and the Children’s Commissioner.  This case is reflective of a national crisis.  Support from central government is needed.  As far as I’m aware, neither were informed or provided with information.  It seems to me that now that should happen”.

A mother abroad and a family dispute: Part 3

By Kristy Regan, 6th January 2022 This long-running case (COP 13677853) concerns Mrs P, an 80+ year old widow who’s been living in a European country at an unknown address with one of her daughters, “Kim” (all names are pseudonyms), a litigant in person.   The applicant is Mrs P’s other daughter, “Louise” (represented by Sarah Haren  of 5 StoneContinue reading “A mother abroad and a family dispute: Part 3”

Patient dies in hospital as Trust fails to comply with Mental Capacity Act 2005

s well as providing a range of community services in the three Boroughs. The trust employs more than 9,000 clinical and support staff and serves a diverse population of approximately one million people. 

Disputes about COVID vaccination should be rapidly referred to the Court

“at First Avenue House – and I’ve checked with the senior judge – if an application comes in concerning a dispute about vaccination, one of our technical experts will deal with it, and it will be referred to a judge quickly.  The arrangements in the regional hub courts are similar – the court staff are alert to the need to progress vaccination applications quickly” (DJ Mullins)

Family dispute about life-sustaining treatment: A directions hearing

By Jenny Kitzinger, 22nd December 2021 The hearing I attended on 21st December 2021 before Ms Justice Russell was yet another case which underlines the dangers of not planning ahead for possible future loss of capacity.  This is what can happen to any of us, at any time, if we are suddenly brain injured, whether fromContinue reading “Family dispute about life-sustaining treatment: A directions hearing”

Covid vaccination and a Christmas visit

Her mother very badly wants PH to come home for Christmas. She described how she and her daughter “love each other dearly” and “have joy and pleasure in the time we spend together”. Her daughter she said, “loves Christmas decorations and a tree” – and visible on screen, in her home behind her, was a decorated tree with multi-coloured lights.