Mental capacity assessment and transition plan for a man with schizophrenia and ulcerated legs

By Diana Sant Angelo, 4th July 2022 I am a Best Interests Assessor and I wanted to observe a hearing in the Court of Protection because I have always been interested in law – and now as a BIA, I am working in the overlap between the care and legal systems.  On a more personalContinue reading “Mental capacity assessment and transition plan for a man with schizophrenia and ulcerated legs”

“Abusive” wife agrees to move out of “the matrimonial home” with continuing (albeit restricted) contact with P: An agreed order

By Bridget Penhale, 28th June 2022 After reading previous OJCOP blogs on the circumstances of this case (the most recent is here, and there are two earlier ones) I was keen to attend this hearing (COP 13861341 before Mr. Justice Francis) on Monday 27th June. It concerns a protected party (P) who has dementia and Parkinson’s Disease.   According to theContinue reading ““Abusive” wife agrees to move out of “the matrimonial home” with continuing (albeit restricted) contact with P: An agreed order”

‘Micro-management’ or appropriate case management by the court for a ‘dangerous young man’?

Framing the issues around ED being a ‘dangerous young man’ served no purpose here in my view, other than to cast him in a pejorative light. I can’t see much difference between this, and the (regular, in my experience) casting of all of someone’s actions and ‘behaviours’ being attributed to their ‘personality’ – usually in the context of the professional concerned looking for a way out of having to think more about how they might need to adapt in order to help.

When P can’t go home to his “abusive” wife: Another ineffective hearing

By Celia Kitzinger, 25th June 2022 The protected party at the centre of this case (P) has dementia and Parkinson’s Disease.  He’s in a care home and he wants to return home.  The difficulty is that his wife, who lives in the house of which he is sole owner, is (allegedly) abusive and subjects him to coerciveContinue reading “When P can’t go home to his “abusive” wife: Another ineffective hearing”

“She is religious and she is a fighter”: Three perspectives on best interests decision-making in the Court of Protection from ‘Compassion in Dying’

By Jemma Woodley, Zach Moss and Upeka de Silva, 23rd June 2022 Editorial Note: The judgment has now been published: Imperial Healthcare NHS Trust v C & Ors [2022] EWCOP 28 We are three people who work for Compassion in Dying, a national charity that supports people to make their own decisions about end-of-life care inContinue reading ““She is religious and she is a fighter”: Three perspectives on best interests decision-making in the Court of Protection from ‘Compassion in Dying’”

Sisters’ dispute over Deputyship – and a concern about open justice

By Daniel Cloake, 20th June 2022 Two feuding sisters (Ms J and Ms E) have asked the Court of Protection to pick one of them as a deputy after their father lost capacity to manage his finances following a series of strokes. The hearing I observed was listed on the “Daily Hearing List” on the court’sContinue reading “Sisters’ dispute over Deputyship – and a concern about open justice”

Resisting Care: An unsuccessful s.21A challenge from a ‘feisty’ 94-year-old

By Celia Kitzinger, 19 June 2022 It was a week after the Queen’s Platinum Jubilee celebrations (this becomes relevant later!) and District Judge Searl was making a decision about a 94-year-old woman (“Hattie”) who lives in a care home but wants to return to her own home.   The law It was a challenge under s.21A ofContinue reading “Resisting Care: An unsuccessful s.21A challenge from a ‘feisty’ 94-year-old”

Happy Second Birthday to the Open Justice Court of Protection Project

By Celia Kitzinger, Gill Loomes-Quinn, Claire Martin and Kirsty Stuart, 15th June 2022 It’s two years ago today since two of us (Celia and Gill) launched the Open Justice Court of Protection Project, at the beginning of the pandemic. It was born of our passionate belief that “publicity is the very soul of justice” atContinue reading “Happy Second Birthday to the Open Justice Court of Protection Project”

A short hearing and a failure to agree

Learning from the experiences of Litigants in Person and the difficulties they have navigating the legal system, in personal and emotive circumstances, is vital to supporting future Litigants in Person, particularly in light of reduced legal aid funding.

Fairness in court for a Litigant in Person

There’s an application for an injunction against P’s wife ordering her to move out of his house in two weeks’ time.  This is because P would like to move back home (he’s currently in residential care) but she is alleged to have abused him.