By Celia Kitzinger, 5th December 2023 Matters exercising the judge in this hearing, on Tuesday 5th December 2023, were: This is the second hearing I’ve observed in this case (COP 12446297 before HHJ Godwin). I blogged about the previous hearing, in May 2023, here: P loses bungalow option due to assessment delays – and described it as “a thoroughly depressing hearing”. At this hearingContinue reading “British Sign Language, Capacity, and Transparency”
Tag Archives: Best Interests
Transferring P to a different hospital: No longer a best interests decision
By Rhiannon Snaith, 30 November 2023 Having read a blog post about a previous hearing in this case (‘Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents’), I was expecting it to be about whether or not it was in P’s best interests to have a feeding tube (re)inserted. AsContinue reading “Transferring P to a different hospital: No longer a best interests decision”
The ‘voice’ of P in a s.21A hearing: Reflecting on lost opportunities
By Gill Loomes-Quinn, 24th November 2023 On the afternoon of Monday 6th November 2023, I observed a hearing before Deputy District Judge Weereratne, sitting (remotely) at First Avenue House in London, in the matter of Case No: 14157245 – MG (by her Litigation Friend, the Official Solicitor) v London Borough of Harrow. Having emailed the courtContinue reading “The ‘voice’ of P in a s.21A hearing: Reflecting on lost opportunities”
Back to square one in a complex case
By Daniel Clark, 14 November 2023 “At the moment I have no practical or viable options before me for the safe care and treatment of AB”. So said Mr Justice Keehan towards the end of this hearing, summing up the dire situation that the Court finds itself in. This case (COP 12953545) has a long history, someContinue reading “Back to square one in a complex case”
Still no exit plan and “we are some way away from the ideal scenario”: Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44
By Celia Kitzinger, 12th November 2023 Update: On 20th March 2024, the judge declared that it was in A’s best interests to return home, whether or not she voluntarily agreed to take the medications prescribed for her (hormone treatment for her Primary Ovarian Insufficiency). See A, Re (Covert Medication: Residence) [2024] EWCOP 19. This judgment is beingContinue reading “Still no exit plan and “we are some way away from the ideal scenario”: Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44″
Observing a Failed Re X hearing: “it sounds like ‘Cassie’ is being unlawfully deprived by contact restrictions”
By Eleanor Tallon, 31st October 2023 My previous blog post on ‘Failed Re X’ described the legal meaning of the term, and the processes whereby these cases get to court. This blog post follows up on that by reporting on a ‘Failed Re X’ hearing (COP 13266959) I observed on 9th October 2023 before District Judge Hart, sittingContinue reading “Observing a Failed Re X hearing: “it sounds like ‘Cassie’ is being unlawfully deprived by contact restrictions””
Another case of s.21A delay (with a happy ending)
By John Harper, 27 October 2023 On Thursday 19 October 2023, I observed a remote hearing (COP 13627234) before Theis J, Vice President of the Court of Protection, sitting at the Royal Courts of Justice. An earlier hearing in the case was blogged here: “A s.21A challenge for a restricted patient: A ‘shocking’ delay”. TheContinue reading “Another case of s.21A delay (with a happy ending)”
Tampering with equipment or failings in care? A fact-finding hearing (Part 2)
By Amanda Hill (Anna), Pippa Arnold, John Harper, Gail Heslop, Ellen Lefley, Celia Kitzinger, Claire Martin, Tess Saunders and Ann Wilson (co-ordinated and curated with an introduction by Celia Kitzinger), 25 October 2023 Introductory Editorial Note This is the second collective blog post about a fact-finding hearing before Mr Justice Hayden, observed (in part) by more than 30Continue reading “Tampering with equipment or failings in care? A fact-finding hearing (Part 2)”
Application to appeal the finding that Andy Casey is dead
By Daniel Clark, 24 October 2023 Andy Casey was 24-years-old when he was punched in the head in a pub beer garden, and suffered a catastrophic brain injury and minor neck spinal fractures. He was admitted to a Neurointensive Care Unit, and began to receive organ support. Given his deteriorating condition, the hospital suspected thatContinue reading “Application to appeal the finding that Andy Casey is dead”
A ‘good news story’: Kidney dialysis trial for 17-year-old with learning disabilities
By Avaia Williams, 22 October 2023 Sana, a 17-year-old girl, is at the centre of this case. She has Joubert Syndrome, a rare genetic condition that leads to abnormal brain development. In Sana’s case, unfortunately, this has also led to her suffering with Stage 5 kidney failure, and, without haemodialysis, Sana will die within aContinue reading “A ‘good news story’: Kidney dialysis trial for 17-year-old with learning disabilities”
Promoting Open Justice in the Court of Protection 