What happened in this case strikes at the very heart of the work of the Open Justice Court of Protection Project. It’s very unfortunate that the manner in which this case became public knowledge was via a blog post based on a misapprehension of the facts – necessitating a Statement correcting those facts.
Tag Archives: Best Interests
“I have to tell you something which may well come as a shock”, says Court of Protection judge
By Daniel Cloake, 12 October 2022 Editorial Note: The Open Justice Court of Protection Project has issued a formal Statement about the case described here. This is an observer’s account of the first day of that hearing. The judgment is publicly available: Re A [2022] EWCOP 44. We subsequently raised concerns about the court’s decision toContinue reading ““I have to tell you something which may well come as a shock”, says Court of Protection judge”
Statement from the Open Justice Court of Protection Project concerning an inaccurate and misleading blog post
We will now investigate how it came about that an observer was admitted to a public hearing in which a salient (‘magnetic’) fact of the case was meticulously concealed (by order of the court), leading – surely inevitably – to inaccurate reporting.
Access to the community for P: a s.21A deprivation of liberty hearing
Judge Eldergill stated that P had mentioned wanting to be able to go to a restaurant (and there was also some mention of P being able to go to a bank). He referred to Paragraph X (of the Position Statement) which stated that the Home was concerned about P going out alone because he was at risk of absconding. However, the judge raised a point about the seemingly low likely risk of this happening, given that at another paragraph, it stated that P uses a Zimmer frame and so clearly has mobility issues.
Medical treatment for people with learning disabilities: Telling Robert Bourn’s story and the challenges of ‘transparency’
The initial response of his treating team, says his mother, was to say there were no treatment options. Comfort measures only were proposed and a palliative care referral was made.
Can P return to Ireland?
Four potential care homes in the county to which Mrs H wishes to move “very clearly came back and said they could not meet her needs” (Counsel for Mrs H). “Actually”, he added, “she’s an extremely likeable, cheerful, happy, chirpy lady”. Moreover, “her wish to return to Ireland hasn’t waned in any shape or form”.
Office of the Public Guardian steps in when attorneys don’t agree
I have made an LPA for Property and Affairs myself and was conscious at the time that they are not without their difficulties. In this case, there is a real possibility that, as P’s assets reduce, either he or his wife will have to move home and reduce their standard of living. With the best will in the world, I am not sure how this could or should be resolved, and family conflict seems almost unavoidable. In my case I have chosen to include a professional as an Attorney, accepting that this will come at a cost.
Dietary Restrictions, aggression, and a placement in jeopardy (plus transparency matters)
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.
“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”
Promoting Open Justice in the Court of Protection 