The overall tone of the meeting was very positive, non-adversarial and there seemed to be a large degree of agreement between the participants. The judge was very welcoming and the overall impression from everybody was wanting to do the right thing for P.
Tag Archives: Best Interests
A contested hearing about whether or not to have another hearing
By Celia Kitzinger, 26th July 2022 This hearing (COP 13452747 before by DJ Beckley at First Avenue House on 6th July 2022, via MS Teams) was originally intended to be a review hearing to consider how P, a man in his 20s with learning disability, autism and epilepsy, has settled into his new placement. The plan had been to reviewContinue reading “A contested hearing about whether or not to have another hearing”
A deputy’s first experience of observing a Court of Protection hearing
By Jamal L. Din, 27th July 2022 For some time now I’ve wanted to observe a hearing in the Court of Protection to gain experience of how the court hearing is run, and understand how the interests of the protected parties (and their families) are supported. I am a Deputy for Property and Finance forContinue reading “A deputy’s first experience of observing a Court of Protection hearing”
Serious Medical Treatment and Restraint: A young woman with HIV
At the centre of this case is a 17-year-old woman (P), born overseas, who is living with HIV. It is believed she acquired HIV vertically at birth, and her mother died when she was young. P has been raised by her grandmother in this country, and in recent years it appears that she has been looking after her grandmother, who is now elderly with health issues of her own.
An “unacceptable” care placement – and why public observers help to hold the state to account
By Jordan Briggs, 22nd July 2022 This hearing, listed before His Honour Judge Berkley at Manchester County Court (via MS Teams) on Wednesday 20th July 2022, concerned a woman in her early twenties with complex emotional needs (‘P’) who had absconded from her placement on 18th March 2022. There’s a previous blog post on the Open Justice CourtContinue reading “An “unacceptable” care placement – and why public observers help to hold the state to account”
Family members as parties to proceedings: Pros and cons
By Astral Heaven, 21st July 2022 I am a Local Authority Approved Mental Health Professional (AMHP) and Deprivation of Liberty Safeguards (DoLS) Lead and a practising Best Interests Assessor (BIA). Part of my role as BIA when I’m undertaking DoLS assessments is to talk with the person I am assessing, and with their family and friends,Continue reading “Family members as parties to proceedings: Pros and cons”
After more than 4 months in hospital (for “assessment”), there’s a new placement and a transition plan for Mr M
By Celia Kitzinger, 19th July 2022 This was a short hearing in a long-running case – and if things go according to plan, it will have been the final hearing. There were two hearings in February 2022, the second of which approved Mr M’s transfer to hospital for what was projected to be an overnight stay. At theContinue reading “After more than 4 months in hospital (for “assessment”), there’s a new placement and a transition plan for Mr M”
“Grave concerns”: Funding arrangements, capacity for sex, and a TZ-style care plan
By Celia Kitzinger, 13th July 2022 The protected party at the centre of this case (COP 13627568 before DJ Glassbrook sitting in Northampton on 8th July 2022[i]) was described as “ a 19-year-old lady with diagnoses including Mild Learning Disability. Mixed Disorders of Conduct and Emotion, and Reactive Attachment Disorder of childhood”. Introducing the hearing for the benefitContinue reading ““Grave concerns”: Funding arrangements, capacity for sex, and a TZ-style care plan”
Trial of living at home – successful so far
By Celia Kitzinger, 9th July 2022 A woman in her nineties who’s been “trapped [in a care home] by some Kafkaesque nightmare” for more than a year, has finally returned home. The judge has yet to determine whether it’s in her best interests to stay there: this is a “trial at home” to see how it worksContinue reading “Trial of living at home – successful so far”
Mental capacity assessment and transition plan for a man with schizophrenia and ulcerated legs
By Diana Sant Angelo, 4th July 2022 I am a Best Interests Assessor and I wanted to observe a hearing in the Court of Protection because I have always been interested in law – and now as a BIA, I am working in the overlap between the care and legal systems. On a more personalContinue reading “Mental capacity assessment and transition plan for a man with schizophrenia and ulcerated legs”
Promoting Open Justice in the Court of Protection 