By Claire Martin, 9th July 2024 At the centre of this case is Mrs G who has come to the attention of the court because carers have alleged that her daughter is abusing her. Mrs G is said to complain to carers about her daughter’s behaviour, and then to retract these statements later. Her capacity to decide aboutContinue reading “Complex issues for the court and plans for an ‘omnibus’ capacity hearing”
Tag Archives: Best Interests
Daughter’s home in jeopardy when mother dies and father lacks capacity
By Georgina Baidoun, 4th July 2024 This case caught my attention because it was listed (see below) as concerning “authorising a gift or settlement of property” – and it turned out to be a substantial gift (a house). My request to observe the 11.00am hearing (COP 13569463) before DJ Ellington was answered with a linkContinue reading “Daughter’s home in jeopardy when mother dies and father lacks capacity”
What does a Deputy for finances do?
By Ruth Meyer, 26th June 2024 I am quite often asked by people what I do in my job. The role of Deputy for finances appointed by the Court of Protection does not really mean much to many and probably sounds a bit scary! I’ve been a Deputy for about 11 years although I have beenContinue reading “What does a Deputy for finances do?”
Revoking Lasting Powers of Attorney and an object lesson in Open Justice best practice
By Georgina Baidoun, 24th June 2024 As often happens now, especially with cases involving attorneys and deputies, this one was listed as ‘attended’, which I took to mean “in person”. This means that the parties (or their representatives) are attending in person, but it’s possible that there’s a link set up for others involved in theContinue reading “Revoking Lasting Powers of Attorney and an object lesson in Open Justice best practice”
What does the Court of Protection need to know about “borderline personality disorder” or “emotionally unstable personality disorder”: An update
By Keir Harding, 19 June 2024 This is an update of a blog I wrote in November 2020. A few things have changed since then so while the bulk of the text is still intact, I’ve added a couple of developments and included what changes we might expect from the International Classification of Diseases [ICD]-11, the diagnostic manual inContinue reading “What does the Court of Protection need to know about “borderline personality disorder” or “emotionally unstable personality disorder”: An update “
Court-authorised caesarean with chemical and physical restraint if required: A 14-minute final hearing
By Claire Martin and Nell Robson, 13th June 2024 This is a case we’ve blogged about before: “Caesarean: A directions hearing”. At that point, just under a week before, Deputy High Court Judge Victoria Butler-Cole KC, asked for a full-day final hearing to deal with an application for a court-authorised caesarean for a woman who (probably)Continue reading “Court-authorised caesarean with chemical and physical restraint if required: A 14-minute final hearing”
Irish cases in the Court of Protection
Jake Thorold & Chiara Cordone, 11th June 2024 Ordinarily, the Court of Protection is concerned with the personal welfare or property of people who are “habitually resident” (a term used in cases involving children and vulnerable adults) in England and Wales. On occasion, however, the Court is required to step outside of this comfort zoneContinue reading “Irish cases in the Court of Protection”
My experience at Weymouth Combined Court: listing, access, and transparency
By Peter C Bell, 30th May 2024 It was one of those days where I had not really intended to do any Court watching. I was back in Weymouth to help the family to support my elderly father after the recent loss of both his wife (my mother) and then his elder sister and casuallyContinue reading “My experience at Weymouth Combined Court: listing, access, and transparency”
Caesarean: A directions hearing
By Celia Kitzinger, 27th May 2024 The purpose of a “directions” hearing is for the judge to narrow down the issues that are to be decided, and to give instructions (“directions”) on how the case will proceed. The point is to sort out procedural and practical matters. Directions hearings often cover actions that need to be taken (e.g., capacityContinue reading “Caesarean: A directions hearing”
A private hearing before DJ Glassbrook
By Claire Martin, Celia Kitzinger, Peter C Bell and Kim Dodd, 22nd May 2024 A few months ago, we published an audit of “private” hearings – that is, hearings that appear as “private” in the lists on Courtel/CourtServe. What we found is that at least 50% of those “private” hearings had been wrongly listed as such. The judgeContinue reading “A private hearing before DJ Glassbrook”
Promoting Open Justice in the Court of Protection 