By Tim Sugden, 21st February 2024 It’s not open justice if you can’t hear what is being said in the courtroom. My experience is that this is a recurrent problem in magistrates’ courts – and now I’ve found the same problem in the Court of Protection as well. My experiences in magistrates’ courts with CourtwatchContinue reading “Inaudible in-person proceedings: A practical barrier to transparency and open justice”
Tag Archives: Best Interests
Two law students’ first observation of a COP hearing
By Kei Yong and Isabella Treston, 31 January 2023 As two students studying the Bar Practice Course and Masters of Law in Liverpool, we were given the opportunity to attend remote hearings in the Court of Protection as part of our Masters. Neither of us had previously attended or known a lot of information regardingContinue reading “Two law students’ first observation of a COP hearing”
A disappointing failure of open justice: DJ OmoRegie says no
By George Palmer, 29th January 2024 I was very excited to learn that I could shadow Celia Kitzinger as an observer at a remote hearing (via cloud video platform) at 10 am on Friday 19th January 2024. I’m a third-year law student at the University of York intending to go into a career within ClinicalContinue reading “A disappointing failure of open justice: DJ OmoRegie says no”
“Unusual restrictions” for a 17-year-old
By Claire Martin, 25th January 2023 This hearing (COP 14169995 before DJ Glassbrook, sitting at Northampton County Court on 5th January 2024) caught my eye in the CourtServe list because it mentioned “unusual restrictions to which the protected party is subject”. Unfortunately, despite requesting them, I’ve not been sent the parties’ position statements, so I don’t haveContinue reading ““Unusual restrictions” for a 17-year-old”
Judge approves P’s conveyance (against his wishes) to a care home – and tells lawyers to “just stop!” routinely anonymising public bodies in draft Transparency Orders
by Daniel Clark, 22nd January 2024 It is not unusual for the Court of Protection to hear cases in which a “conveyance plan” needs to be approved. These are plans about how a protected party (P) will move from A to B and are an integral part of keeping P safe while also promoting her orContinue reading “Judge approves P’s conveyance (against his wishes) to a care home – and tells lawyers to “just stop!” routinely anonymising public bodies in draft Transparency Orders”
“An awful state”: Self-neglect and mental capacity
By Ian Brownhill, 17 January 2024 The description of a person being found in “an awful state” is one of the most common phrases than an adult social care lawyer will read. It is a description that has no legal meaning but is often a sanitised portrayal of someone who has been subject to significantContinue reading ““An awful state”: Self-neglect and mental capacity”
Covid and expert evidence: Vaccination is NOT in P’s best interests
By Celia Kitzinger, 14th January 2024 (updated 10th February 2024 after approved order was made) It’s been a while since I’ve observed a contested hearing about COVID vaccination in the Court of Protection[1], and I was assuming they’d all worked their way through the system by now. So, it was a surprise to log onContinue reading “Covid and expert evidence: Vaccination is NOT in P’s best interests”
Can a judge discharge a Deputy without determination of wrong-doing? Statutory interpretation in action
By Celia Kitzinger, 12th January 2024 UPDATE: The mother/Deputy in this case appealed against the decision to a more senior judge (Mrs Justice Theis, Vice President of the Court of Protection). She lost the appeal. The reasons are set out in this judgment: CL v Swansea Bay University Health Board & Ors I chose toContinue reading “Can a judge discharge a Deputy without determination of wrong-doing? Statutory interpretation in action”
A ‘closed hearing’ to end a ‘closed material’ case
By Celia Kitzinger, 18th December 2023 M is keeping something private from her parents. She doesn’t want them to know what it is. The lawyers in court all know what it is. So does the judge. But observers like me haven’t been told. And her parents still don’t know. The court papers shared with them have been heavilyContinue reading “A ‘closed hearing’ to end a ‘closed material’ case”
Older lady “very sorely let down” by local authority with “multiple failings”
By Daniel Clark, 17 December 2023 The person at the centre of this case (COP 14072451) is an 84-year-old lady, currently deprived of her liberty in a nursing home. She is unhappy with the situation and is objecting to her placement there – which has led to an application under s21a of the Mental Capacity ActContinue reading “Older lady “very sorely let down” by local authority with “multiple failings””
Promoting Open Justice in the Court of Protection 