By Paige Taylor, 8th June 2022 On 23rd May 2022 I watched a remote hearing (COP 13585739) before Mrs Justice Lieven. I am currently a Bar course student at the Inns of Court College of Advocacy, and I wanted to observe a Court of Protection hearing because I have an interest in mental capacity and disability law, particularlyContinue reading “Bringing a very long saga to an end: A final hearing, transparency issues, and delays with a charging decision”
Tag Archives: Best Interests
“What good is it making someone safer if it merely makes them miserable?” A contested hearing and delayed trial of living at home
By Celia Kitzinger, 3 June 2022 The quotation in the title of this blog is (as many readers will recognise) from a judgment by Munby J. In full, the relevant passage reads as follows: A great judge once said, “all life is an experiment,” adding that “every year if not every day we have to wager ourContinue reading ““What good is it making someone safer if it merely makes them miserable?” A contested hearing and delayed trial of living at home”
Treatment delay: “My son has got disabilities but that doesn’t mean he’s a nobody”
Research has painted a troubling picture of the quality of healthcare people with a learning disability have received (or not received) over the course of the pandemic, exacerbating already high levels of health inequalities
When family members apply to become parties: A hidden and “private” (but not sinister and secret) hearing
Many people who contact the Open Justice Court of Protection Project believe that the court is deliberately obstructive of open justice. I understand why it can feel like that.
It really isn’t the case that the lists are deliberately designed to discourage us from observing hearings. It’s just that – very often – they have that effect. Having attended this hidden and “private” hearing, I can’t detect any reason why anyone would have sought to exclude me: there was nothing ‘secret’ or ‘sinister’ about it at all.
A section 21A hearing: Impressions from a veteran observer and the daughter of (a different) P in a s.21A case
By Celia Kitzinger and Anna (Daughter of P), 9th May 2022 Anna (not her real name) contacted the Open Justice Court of Protection Project towards the end of April 2022, saying that she’d been asked to attend a s. 21A directions hearing about her mother (in a care home, with Alzheimer’s) and was finding the Court ofContinue reading “A section 21A hearing: Impressions from a veteran observer and the daughter of (a different) P in a s.21A case”
Medical treatment, undue influence and delayed puberty: A baffling case
By Celia Kitzinger and Claire Martin, 2nd May 2022 IMPORTANT NOTE: We accept, with regret that this blog post is inaccurate and misleading. Please see our updating “Statement” of 11th October 2022 The protected party at the centre of the case is a woman in her early twenties who has not experienced puberty, because sheContinue reading “Medical treatment, undue influence and delayed puberty: A baffling case”
Treatment against his wishes but in his best interests (without direct evidence on litigation capacity)
By Celia Kitzinger, 29th April 2022 “Although his wishes and feelings are not to have this operation, those wishes and feelings are based on delusion… I give less weight to his views for that reason.[1]” So said Mrs Justice Arbuthnot at a hearing on 28th April 2022 concerning a man in his late 50s (Mr SH)Continue reading “Treatment against his wishes but in his best interests (without direct evidence on litigation capacity)”
Refusing to eat and declining a feeding tube: Capacity at issue
By Celia Kitzinger, 21st April 2022 The hearing concerned an application from an NHS Trust (represented by David Lawson) to insert a PEG-J tube under general anaesthetic and then to deliver clinically assisted nutrition and hydration (CANH) to a young woman (P) who was admitted to hospital having fractured her femur and is now refusing to eat. She’sContinue reading “Refusing to eat and declining a feeding tube: Capacity at issue”
More on Mr M: Medical recommendations, still awaiting discharge and final hearing plans
By Claire Martin, 12th April 2022 Mr M is still in hospital. He has now been there for 40 days. He was originally taken to hospital under court order for assessment of his ulcerated legs, to enable medical recommendations to be made. We have previously blogged about this case, here, here and here. At this hearing[1] (12 noon, Friday 8th AprilContinue reading “More on Mr M: Medical recommendations, still awaiting discharge and final hearing plans”
The value of observing a case management hearing in the Court of Protection
By Helen Moizer, 7th April 2022 The value of observing a case management hearing in the Court of Protection. When I observed a Court of Protection hearing for the first time, I did not know what I was entering into or what to expect. Despite it being a video hearing link, I still felt apprehensiveContinue reading “The value of observing a case management hearing in the Court of Protection”
Promoting Open Justice in the Court of Protection 