By Celia Kitzinger, 10th October 2024 Update: The judgment has now been published (click on the link in the title of the case): Bury Metropolitan Borough Council v EM & Ors [2024] EWCOP 76 (T2). The judge refers to the protected party as “Emma” in that judgment, so I’ve amended this blog to reflect that.Continue reading “Elucidating the meaning of deprivation of liberty orders: HHJ Burrows and local authority at cross-purposes on DOLS and care plans”
Tag Archives: Best Interests
A Puzzling Application, Breach of Court Orders and Draconian Restrictions
By Hita Jadeja, 9th October 2024 This case concerns a young lady (P) with diagnoses of ADHD and Autism Spectrum disorder and with a history of self-harm. She is currently in a rehabilitation placement following treatment at a mental health hospital. HHJ Burrows heard the matter (COP 14216532) remotely via MS Team, on 9 September 2024Continue reading “A Puzzling Application, Breach of Court Orders and Draconian Restrictions”
When parties don’t appear in court and judge goes ahead anyway: Appointing a professional deputy
By Georgina Baidoun, 4th October 2024 At 10.30am on 25 September 2024 I watched a hearing before DJ Ellington at First Avenue House, listed as below. Although listed as ‘in-person attended’, as with several other recent hearings, I had no difficulty in obtaining a link to observe remotely. It was a directions hearing concerning theContinue reading “When parties don’t appear in court and judge goes ahead anyway: Appointing a professional deputy”
Closed hearings, safeguarding concerns, and financial interests v. best interests
By Daniel Clark, 2nd October 2024 The protected party in this case, “B”, is a thirty-year-old woman who, according to Counsel for her mother, has until recently been a “happy, well balanced, sociable person”. She enjoys spending time with her family and, until 2024, had been living with her mother at home. This case (COP 14116349)Continue reading “Closed hearings, safeguarding concerns, and financial interests v. best interests”
Why can’t a 91-year old return home to her son?
By Celia Kitzinger and Kim Dodd, 30th September 2024 Now with updating PostScript, 13th December 2024 We both watched this hearing (COP 20000918) on 30 September 2024 before HHJ Robertshaw in Bristol concerning a 91-year-old lady (P) who has been deprived of her liberty in hospital for several months, as a “social admission” (i.e. there’sContinue reading “Why can’t a 91-year old return home to her son? “
Can a Turkish Guardianship Order be recognised in England and Wales?
By Daniel Clark, 29 September 2024 This case began as an urgent application to the Court of Protection in August 2023. It wasn’t until May 2024 that it came before a judge. In August 2023, XY (who resides in Turkey) was visiting the UK with her brother, CD. She has done this many times but,Continue reading “Can a Turkish Guardianship Order be recognised in England and Wales? “
Balancing open justice and P’s right to privacy: A protected party says NO to a public observer “and her voice shall be heard”
By Eleanor Tallon, 3rd September 2024 Editorial Note: The judgment (making this hearing private) has now been published: Stockport MBC v NN & Anor [2024] EWCOP 51 (T1) I was not able to observe this hearing because the protected party, N, said she did not want an observer as “she doesn’t know who they are orContinue reading “Balancing open justice and P’s right to privacy: A protected party says NO to a public observer “and her voice shall be heard””
A “Catch 22” situation for P or Hobson’s Choice? Disagreement among professionals as to whether P has capacity and a finely balanced decision for the judge
By Amanda Hill, 30th August 2024 “I want to get on with my life”. At the heart of this hearing (COP 14251478 on 20th August 2024) is P, a man who looks to be in his late 60s or early 70s. He attended remotely by video link from a psychiatric hospital and was present for most ofContinue reading “A “Catch 22” situation for P or Hobson’s Choice? Disagreement among professionals as to whether P has capacity and a finely balanced decision for the judge “
Capacity, Relaxing of Restrictions, and a Happy P!
By Hita Jadeja, 28th August 2024 I observed a hearing on 24th July 2024 (COP 13879770) before His Honour Judge Whybrow who was sitting remotely (via Cloud Video Platform [CVP]) as a nominated Court of Protection judge at the County Court and Family Court at Kingston upon Hull. The protected party (P) in this caseContinue reading “Capacity, Relaxing of Restrictions, and a Happy P!”
Tangled webs, ‘enmeshment’, and breakdown of trust: Re A: (Covert medication: Closed Proceedings) – an implementation hearing
By Claire Martin, 18 August 2024 This case (COP 13236134) has been in the Court of Protection since 2018. The protected party (A) is a 25-year-old woman, who has been living in a care home under a Court of Protection order, for five years. If all goes according to plan, she will be back atContinue reading “Tangled webs, ‘enmeshment’, and breakdown of trust: Re A: (Covert medication: Closed Proceedings) – an implementation hearing “
Promoting Open Justice in the Court of Protection 