By Febienne Green (with Celia Kitzinger), 8th August 2023 On Wednesday, 5th July 2023, I watched a hearing (COP 13627234) before Mrs Justice Theis, Vice President of the Court of Protection, sitting at the Royal Courts of Justice via MS Teams. The case was a s.21A challenge to a standard authorisation depriving Mr N of hisContinue reading “A s.21A challenge for a ‘restricted’ patient: A “shocking” delay”
Tag Archives: Best Interests
Adjournment and interim judgment – Hayden J’s fact-finding hearing
By Celia Kitzinger, 4 August 2023 Editorial note: For background information about this case click on the titles of these two blog posts: (1) : “Fact-finding hearing: Little short of outright war” (which has links to previous judgments) and (2) “A judicial embargo and our decision to postpone“. Note that we will now delay publication of our multi-authored blogs aboutContinue reading “Adjournment and interim judgment – Hayden J’s fact-finding hearing”
Coma and treatment withdrawal: An unusual case
By Rhiannon Snaith, 2nd August 2023 Note: The judgment has been published here: Re IN (Withdrawal of CANH) [2023] EWCOP 32 This case (COP 14094683, before Mr Justice Poole) was heard in the Royal Courts of Justice on Friday 21 July 2023. The hearing was listed as a ‘hybrid’ hearing which meant that people couldContinue reading “Coma and treatment withdrawal: An unusual case”
Application to continue an injunction forbidding P’s son from obstructing health and social care staff
By Pippa Arnold, 1 August 2023 I am an aspiring barrister with an interest in the Court of Protection (COP), particularly cases relating to medical treatment. My interest stems from a medical law module I studied at university, which led me to undertaking a Masters at the end of the Bar Course. For this, I choseContinue reading “Application to continue an injunction forbidding P’s son from obstructing health and social care staff”
Fact-finding hearing: “Little short of outright war”
By Celia Kitzinger, 24th July 2023 Update: This hearing was adjourned due to illness of Lead Counsel for the Applicant on Monday 31st July 2023. The hearing will continue on the next available court dates: 6th October and 9th October 2023. The father will finish giving evidence (he was part way through being cross-examined) andContinue reading “Fact-finding hearing: “Little short of outright war””
Giving P “one more roll of the dice”
By Claire Martin, 20 July 2023 This case (COP 1381929T, 17th July 2023) is about whether Mr B can move back to his own home, with or without his wife, Mrs B. They live together in a care home at the moment. I received the link for this hearing – as well as the Transparency Order!Continue reading “Giving P “one more roll of the dice””
Cancer investigations – with restraint authorised if required
By Celia Kitzinger, 16 July 2023 Mr D is in his fifties, and he’s currently in a psychiatric hospital, with a longstanding diagnosis of paranoid schizophrenia and a suspected mild learning disability. He’s lost a lot of weight recently, and blood tests show a range of inflammatory markers indicative of potential cancer. Doctors say heContinue reading “Cancer investigations – with restraint authorised if required”
Covert medication, the ‘causative nexus’ and (yet again) issues with the Transparency Order
By Daniel Clark, 14 July 2023 A man in his 60s, living with an acquired brain injury is refusing medication for the management of his diabetes. The applicant local authority has applied to the court for the approval of a covert medication plan. In the previous hearing (which I blogged about here), Theis J had requestedContinue reading “Covert medication, the ‘causative nexus’ and (yet again) issues with the Transparency Order”
Restricting family contact, and family ‘abuse’ of staff: An adversarial Court of Protection hearing
By Claire Martin, 11th July 2023 One of the most draconian decisions the Court of Protection can make is to restrict contact between people who love each other and want to be together. That was the issue in this hearing. The Health Board was seeking urgent court authorisation for an extension to an order restricting contactContinue reading “Restricting family contact, and family ‘abuse’ of staff: An adversarial Court of Protection hearing”
Removing P to another country to evade the orders of the Court
By Celia Kitzinger, 9th July 2023 If you believe the authorities are acting against the best interests of your vulnerable relative, you might contemplate escaping with them to another country, in the hope of taking the person outside the reach of the Court of Protection. I often hear conversations about this. For most people it isn’t reallyContinue reading “Removing P to another country to evade the orders of the Court”
Promoting Open Justice in the Court of Protection 