By Celia Kitzinger, 21 February 2023 Laura Wareham, 34, has been in hospital since April 2022 following an emergency admission. She has “a hugely complicated medical background”, including “autistic spectrum disorder”, “bipolar affective disorder” and “Bodily Distress Syndrome”. An independent expert has found that she lacks capacity to make decisions about residence, care and support, medical treatment andContinue reading “Standoff about the appropriate expert: A pragmatic judicial solution”
Tag Archives: Best Interests
Review of court-authorised insertion of a PEG tube contrary to her wishes: Has it “all worked out” for EJ?
By Upeka de Silva, 15 February 2023 The person at the center of this case is EJ – a 27-year-old woman diagnosed with rapidly deteriorating Functional Neurological Disorder (FND). She attended A&E on crutches reporting decreased mobility in her legs in April 2022, was admitted as an inpatient, and became rapidly worse so that now she is bedContinue reading “Review of court-authorised insertion of a PEG tube contrary to her wishes: Has it “all worked out” for EJ?”
A challenging capacity assessment and a professional witness in court
By Josie Seydel and Claire Martin, 19 February 2023 Editorial Note: A psychologist gave professional witness evidence at this hearing about P’s capacity to make decisions relating to care and contact. The two observers who’ve co-authored this blog post are also psychologists. Listening to his evidence, they have come to opposite conclusions about P’s capacity. In this blogContinue reading “A challenging capacity assessment and a professional witness in court”
Forced Marriage Protection Order
By Celia Kitzinger, 16 February 2023 The young man at the centre of this case (M) is 24 years old and has been diagnosed with moderate learning disability and “autistic tendencies”. Back in August 2020, M’s mother told social workers that she had found a ‘suitor’ for her son in Pakistan, and that she plannedContinue reading “Forced Marriage Protection Order”
Is she detainable under s.3 Mental Health Act? Two Trusts disagree and a placement is in jeopardy
By Celia Kitzinger, 13 February 2023 The teenager at the centre of this case had a traumatic childhood, involving neglect and abuse. She has “suicidal ideation” and a history of harming herself and other people. Until recently (for the last year or so) she was living in a secure children’s home. Counsel for the ICB (IntegratedContinue reading “Is she detainable under s.3 Mental Health Act? Two Trusts disagree and a placement is in jeopardy”
Validity of Lasting Power of Attorney: Observing my first Court of Protection hearing
There wasn’t an opening summary of the case, but the listing stated that the issue before the court was: “Directions required for OPG’s applications to revoke LPAs for P&A and H&W and appoint a Panel Deputy to manage the property and affairs of [P]”. (To unpack this: OPG = Office of Public Guardian; LPA = Lasting Power of Attorney; P&A = Property and Affairs; H&W = Health and Welfare.)
New Guidance on Closed Hearings from the Vice President of the Court of Protection
By Celia Kitzinger, 8th February 2023 My first experience of a case involving closed hearings was as an observer of Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44. It shook my faith in the justice system. The protected party (A) was in residential care, against her own wishes and those of her mother. While A’sContinue reading “New Guidance on Closed Hearings from the Vice President of the Court of Protection”
Approving discharge arrangements and deprivation of liberty
By Celia Kitzinger, 8th February 2023 This is yet another case reflecting the problems caused to individuals due to the national shortage of appropriate accommodation for young people with complex needs. I observed the hearing (COP 14036761) on 3rd February 2023 before Mrs Justice Theis sitting (remotely) in the Royal Courts of Justice. A teenager isContinue reading “Approving discharge arrangements and deprivation of liberty”
A committal hearing to send P’s mother to prison – and the challenges of an in-person hearing
By Claire Martin, 8 February 2023 Editorial update: After the decision in this case (a suspended custodial sentence of 28 days), Mrs Lioubov Macpherson made an unsuccessful appeal to the Court of Appeal. The Court of Appeal judgment is here. Lioubov Macpherson v Sunderland City Council {2023] EWCA Civ 574 (4 May 2023). The hearingContinue reading “A committal hearing to send P’s mother to prison – and the challenges of an in-person hearing”
Covert medication of persons lacking capacity: What guidance is there?
By Aswini Weereratne, 6th February 2023 Covert medication is the troubling practice of medicating a person without their knowledge because they have refused treatment considered medically necessary. This is often done by disguising medication in food or a drink. A few cases before the Court of Protection have placed this practice into the spotlight and raise theContinue reading “Covert medication of persons lacking capacity: What guidance is there?”
Promoting Open Justice in the Court of Protection 