What families mean by “gravitas” (dignity, seriousness, solemnity) does not in fact reside in court architecture, coats of arms, wigs and robes, or rituals of address and behaviour. In my experience, these external manifestations of “justice” can sometimes seem rather ridiculous, and the “performance” element of the courtroom can alienate lay people and distract everyone from the serious business at hand. Rather, the “gravitas” families appreciate is a quality of attention, a focus, a willingness to engage, in depth, with the medico-legal and ethical issues before the court.
Tag Archives: Best Interests
Absconded
The tension is between, on the one hand, P’s autonomy and freedom, and on the other keeping her safe from harm. As Ben McCormack put it, “she’s been locked up for her own good, but she doesn’t like it”
A long wait for medical recommendations – still in hospital after 18 days
Claire Martin, 24th March 2022 This is the third in a series of hearings concerning Mr M, a man with severely ulcerated legs who is declining, or avoiding, medical assessment. He has a long-standing diagnosis of schizophrenia and depression and is said to be addicted to Class A drugs (heroin and/or crack cocaine). He lives in supportedContinue reading “A long wait for medical recommendations – still in hospital after 18 days”
Available options and best interests in a disputed end-of-life treatment case
By Celia Kitzinger, 21 March 2022 The judgment is now published: London North West University Healthcare NHS Trust v M & Ors [2022] EWCOP 13 (21 March 2022) On 14th March 2022, I watched a one-day final hearing about a young man in a prolonged disorder of consciousness from which (doctors say) he will never recover. Continue reading “Available options and best interests in a disputed end-of-life treatment case”
Capacity to engage in sex: Putting the MCA’s foundational values to protect and empower to the test
By Samantha Williamson, 18th March 2022 Most of us couldn’t begin to imagine being told (as adults) that we are prohibited from spending private time with our chosen partner – and that we cannot be allowed to have sex with them. That’s been the case for 19-year-old T and her 25-year-old boyfriend since 19th November 2021. Continue reading “Capacity to engage in sex: Putting the MCA’s foundational values to protect and empower to the test”
Challenging behaviours? The importance of language
Referring to NC urinating in his bedroom as a“challenging behaviour” does not (in and of itself) acknowledge the potential medical and social issues that have led to this action. It gives no insight into his character or the unique circumstances that have led up to the current situation. investigations. In using this term, his agency is diminished. It is instead seen as combative force against the agency of the medical staff attempting to assess him.
When doctors are not willing to offer treatments
By Celia Kitzinger, 13th March 2022 This was an unusual hearing because of its focus on a treatment (clinically assisted nutrition) that doctors were not willing to offer. By the day of the hearing, the person at the centre of this case (P) had not received nutrition for 10 days, ever since his nasogastric (NG) tubeContinue reading “When doctors are not willing to offer treatments”
Caesarean: An emergency hearing
More than anything, I hope for better advance planning for pregnant women with mental health challenges in the future, so that they can exercise their right to bodily autonomy (even if that means making decisions that others see as unwise or morally repugnant) and can have their wishes and feelings fully acknowledged and respected in best interests decisions made about them.
Listen to him, listen to his mother: The William Verden hearing
Parents, in my experience, are the best judges, of what their children with disabilities can achieve. Our children are constantly under-estimated, set aside, and given insufficient care and support. William has, by any estimate, done an incredible job in tolerating the treatments to date. He has shown exceptional resilience and courage in the face of challenges any child would find difficult, let alone one with his particular disabilities. This should be recognised in determining whether the burdens are too great, as should his clearly asserted wishes.
Advocacy in the William Verden hearing: Observations from a trainee barrister
Court of Protection hearings provide very valuable opportunities to observe the practice and effect of oral and written advocacy from skilled QCs and other barristers. Every trainee barrister would come away stronger after observing a Court of Protection hearing…. This was a profoundly useful hearing to observe as a Bar student.
Promoting Open Justice in the Court of Protection 