By Celia Kitzinger, 12th March 2024 He’s in his early 20s with a severe learning disability, having been born with partial Trisomy 13, meaning that he has an extra chromosome. He also has a congenital heart condition known as “Tetralogy of Fallot”. He lives at home with his mother who is his primary carer (though he alsoContinue reading “US expert to assess whether COVID-19 vaccination is in P’s best interests “
Tag Archives: Best Interests
Judge declines to authorise a deprivation of liberty (for now)
by Daniel Clark, 11th March 2024 While Deprivation of Liberty Safeguards (DoLS) in a care home or hospital have little judicial oversight (unless someone appeals or the restrictions are particularly severe), a deprivation of liberty in the community is reviewed by a judge. These are often decided on the papers, in a streamlined procedure knownContinue reading “Judge declines to authorise a deprivation of liberty (for now)”
A rock and a hard place: Abortion decision for an incapacitous and conflicted P
By Celia Kitzinger, 10th March 2024 The judgment has now been published and is available here: Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP 17 The 35-year-old woman (NR) at the centre of this case (COP 14216100) is 22 weeks pregnant, and currently detained under s.3 of the Mental HealthContinue reading “A rock and a hard place: Abortion decision for an incapacitous and conflicted P”
Outsourcing legal reporting to a Christian campaign group: Churnalism in “The Times”
By Celia Kitzinger, 9th March 2024 Readers of The Times probably imagine theirs is a superior sort of newspaper. It’s the oldest national daily newspaper in the UK (founded in 1785) and has been widely seen as the “paper of record” on public life. It proclaims itself to be a source of news that readersContinue reading “Outsourcing legal reporting to a Christian campaign group: Churnalism in “The Times””
“I’ve said my piece” – a social worker on long-term sick leave, a lack of communication and a frustrated judge
By Amanda Hill, formerly known as Anna 8th March 2024 I had tried to observe a hearing before District Judge Bland a few days before this one, but due to problems with technology, I hadn’t been able to, as I wrote about here. I was pleased, therefore, that I was able to observe this hearing.Continue reading ““I’ve said my piece” – a social worker on long-term sick leave, a lack of communication and a frustrated judge”
A tribute to E: How anorexia and ‘Re E’ made me a Court of Protection lawyer
By Anonymous COP Lawyer, 3rd March 2024 (with commentary from barrister Pippa Pudney – keep scrolling down) In a recent blog post, Dr Ty Glover described his experiences working with anorexia nervosa patients, including ‘E’, whose prominent Court of Protection case in 2012 resulted in involuntary treatment being found to be in her best interests. ThisContinue reading “A tribute to E: How anorexia and ‘Re E’ made me a Court of Protection lawyer”
“Apologies for any inconvenience caused”: A failure of open justice
By Amanda Hill, 29th February 2024 I find that that watching hearings is a very different experience to reading a blog or a judgment after the event. When watching a hearing, you see how justice is done step by step, in real time. Being able to observe hearings is a vital component of open justice and IContinue reading ““Apologies for any inconvenience caused”: A failure of open justice”
When families want to tell their story: Discharging a transparency order
By Celia Kitzinger (Intervenor) and “Anna” (Amanda Hill) (Observer), 27 February 2024 Update: The judgment is available here: The judgment is available here: In the Matter of VS (deceased) [2024] EWCOP 6 Back in 2014, Mr Justice Munby, then President of the Court of Protection, expressed concern that the court was “saddled … with theContinue reading “When families want to tell their story: Discharging a transparency order”
Lasting Powers of Attorney: The problem with leaving it too late
by George Palmer, 26th February 2024 Many people are unaware that you can appoint another person to make decisions on behalf of your health and welfare and/or your financial affairs if you ever lose the capacity to make these decisions for yourself. This involves appointing someone as your Lasting Power of Attorney (LPA). You can checkContinue reading “Lasting Powers of Attorney: The problem with leaving it too late”
Expert witness in Anorexia cases
By Ty Glover, 25th February 2024 I’m a Consultant in Eating Disorders Psychiatry, an Independent Medicolegal Expert and a member of the Royal College of Psychiatrists for over 25 years. My clinical career has been spent managing acutely unwell NHS patients in Independent Sector Hospitals, primarily patients suffering with severe Anorexia Nervosa but also thoseContinue reading “Expert witness in Anorexia cases”
Promoting Open Justice in the Court of Protection 