There is something fundamental about choosing what food to put (and not to put) into your mouth, that most of us take for granted as adults. It feels somewhat Orwellian to be denied food on the grounds that it’s not in our best interests to eat it. A few years back, the world’s first vending machine with facial recognition technology was unveiled, with the potential to refuse to vend a certain product based on a shopper’s age, medical record or dietary requirements. Despite the potential health benefits, it hasn’t caught on.
Tag Archives: Best Interests
“I am fearful for my daughter’s life”: Serious medical treatment in a contentious case
By Celia Kitzinger, 23rd August 2022 Note: At the time this blog post was written there was a transparency order preventing us from publicising anything that identifies or is likely to identify the protected party and the parents. These reporting restrictions have been subsequently varied to permit us to name Laura Wareham as the protectedContinue reading ““I am fearful for my daughter’s life”: Serious medical treatment in a contentious case”
Unusually, this applicant had to pay costs in a Property and Financial Affairs case – the penalty for wasted work
By Georgina Baidoun, 19th August 2022 The CourtServe listing for this case was tweeted by the Open Justice Court of Protection Project like this: Having acted as Court of Protection Deputy for my mother’s Property and Financial Affairs, and having been threatened by the Public Guardian with my removal (otherwise known as ‘discharge’), I decidedContinue reading “Unusually, this applicant had to pay costs in a Property and Financial Affairs case – the penalty for wasted work”
A case of hoarding
By Celia Kitzinger, 17th August 2022 I’ve watched four different Court of Protection cases about people with “hoarding disorder”. In each one, the local authority had applied to remove the person from their home and rehouse them temporarily, dispose of hoarded property (exactly what could be disposed of, and when, was always contentious), carry out repairs,Continue reading “A case of hoarding”
Reflections from a social worker on a case about capacity for sex: Hull City Council v KF
A key part of effective social work practice is being able to form open and trusting relationships with service users – relationship-based practice can facilitate more effective communication, allowing for transparency and a person-centred approach. Conflict often arises when outcomes don’t match a service users wish, creating a strain on the relationship. One way to rebuild this relationship is to keep the service user informed, ensuring they are aware of decisions being made and the reasons for them.
Capacity to have sexual relations with a specific partner: In the matter of Hull City Council v KF [2022] EWCOP 33
By Aisling Mulligan, 15th August 2022 As a barrister practising in Public Health Law in Ireland, I am familiar with the vulnerable client and the myriad complex questions that come before Courts. Ireland is due to commence the Assisted Decision Making (Capacity) Act 2015 (the 2015 Act), which creates a framework for supporting decision making where aContinue reading “Capacity to have sexual relations with a specific partner: In the matter of Hull City Council v KF [2022] EWCOP 33”
COVID-19 vaccination with sedation: Instructing an expert
By Anna (with Celia Kitzinger), 10th August 2022 This is one of a long series of hearings about COVID-19 vaccination in which family members argue against vaccinating P but the judge makes a decision to vaccinate. This case (COP 12219141) is a bit different from the others because the judge already made a decision that itContinue reading “COVID-19 vaccination with sedation: Instructing an expert”
Surgery for scoliosis when P indicates he doesn’t want it
By Celia Kitzinger, 8th August 2022 A 19-year-old man has severe scoliosis. The Great Ormond Street Hospital for Children NHS Foundation Trust seeks a declaration that it is lawful and in his best interests to undergo spinal surgery (with any deprivation of liberty that may entail). This is not a contested application. The young man (P) is representedContinue reading “Surgery for scoliosis when P indicates he doesn’t want it”
Court-authorised caesarean section for a mother with sickle cell disease who wants her baby to “see her face first”
I was struck when RO said “I don’t want to kill my baby”. I was already feeling disappointed for RO throughout the hearing, but these words left me feeling extremely sad for her. Was she feeling like the clinicians involved in her care were viewing her as killing her baby?
Anorexia and refusing nutrition: An observer’s perspective on A Mental Health Trust v BG
By Charlotte Buck, 4th August 2022 This case concerned Anorexia and the refusal of clinically assisted nutrition and hydration (CANH) – another sad case brought before the Court of Protection for which the circumstances are all too familiar. I have always been interested in complex medical-ethical cases and, having volunteered on hospital wards for six weeks myself,Continue reading “Anorexia and refusing nutrition: An observer’s perspective on A Mental Health Trust v BG”
Promoting Open Justice in the Court of Protection 