By Amanda Hill, formerly ‘Anna‘, 7 July 2023 “How did the court case with your mum go?” “OK but I’m not allowed to tell you about it or I could be held in contempt of court and have my assets seized” This was a conversation I had with a cousin during a family reunion lastContinue reading “Gagged – in whose best interests?”
Tag Archives: Best Interests
Overcoming the challenges of observing my first remote hearing in the Court of Protection
By Peter C Bell, 6th July 2023 I am a (mature!) law student at the Open University, studying part-time for an LLB Law (Hons), and have just completed my second year (results of last End of Module Assessment eagerly awaited). I have a long-standing interest in Open Justice, having observed or participated in hearings inContinue reading “Overcoming the challenges of observing my first remote hearing in the Court of Protection”
‘What God has put together, let no man put asunder’: A s.21A challenge and the limits of Power of Attorney
By Celia Kitzinger, 3rd July 2023 The words “What God has put together, let no man put asunder” are from the Bible (Matthew 19:6). It means that marriage is a holy thing and humans should not break a marriage apart. The deeply religious man who uttered these words in court was powerfully expressing his dismayContinue reading “‘What God has put together, let no man put asunder’: A s.21A challenge and the limits of Power of Attorney”
An ‘impasse’ on face-to-face contact between mother and daughter
By Celia Kitzinger, 25 June 2023 This is a tragic and seemingly intractable case. A mother and daughter love each other and want to be together. The daughter, FP, is deprived of her liberty in a residential nursing home. The placement is some distance away from where her mother lives with her husband (FP’s stepfather) –Continue reading “An ‘impasse’ on face-to-face contact between mother and daughter”
Happy Third Birthday to the Open Justice Court of Protection Project
By Celia Kitzinger, Gill Loomes-Quinn, Claire Martin and Kirsty Stuart, 15 June 2023 Three years ago today, on 15th June 2020, Celia and Gill launched the Open Justice Court of Protection Project, at the beginning of the COVID-19 pandemic. It was born of our passionate belief that “publicity is the very soul of justice” at aContinue reading “Happy Third Birthday to the Open Justice Court of Protection Project”
‘Refusing to engage’: A first hearing
By Celia Kitzinger, 11th June 2023 Cases in the Court of Protection often run for years – especially in the county courts, which is means the majority of all hearings. So we often find ourselves watching a third, or a sixth, or an eighth hearing in a single case, without having observed any of theContinue reading “‘Refusing to engage’: A first hearing”
Struggling with transparency and a family under stress
By Celia Kitzinger, 9 June 2023 I’ve divided this blog into two parts. If you can’t bear to hear me complaining (again) about the lack of transparency in the Court of Protection, please skip directly to Part 2, which reports on the substance of the hearing. I arrived late to the hearing (see Part 1) andContinue reading “Struggling with transparency and a family under stress”
P loses bungalow option due to assessment delays
By Celia Kitzinger, 7 June 2023 This was a thoroughly depressing hearing. I asked to observe it (COP 12446297 before HHJ Godwin) without much idea of what it was about, simply because I had some time free and noticed a hearing in Wales – which we cover less than we should. Access to the cloudContinue reading “P loses bungalow option due to assessment delays”
A ‘bog standard’ s.21A case: Amanda’s (‘Anna’s) Mum
By Celia Kitzinger, 5 June 2023 Update April 2025: Following a successful application to vary the Transparency Order, the name ‘Anna’ can now be retired and Amanda Hill can speak in her own name. Her bio is at the bottom of this blog. In recognition of the many months when Amanda had to remain as Anna,Continue reading “A ‘bog standard’ s.21A case: Amanda’s (‘Anna’s) Mum”
Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA
By Claire Martin, 2 June 2023 This was an application from the Office of the Public Guardian (OPG) for a declaration that P’s (purported) appointment of his wife and son as LPA and replacement LPA, respectively, for Property and Finance, was either not valid (because P lacked capacity to make the LPA) or should be revokedContinue reading “Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA”
Promoting Open Justice in the Court of Protection 