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”
Tag Archives: Best Interests
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.
Best interests and kidney transplantation: Closing submissions in the William Verden case
By Bonnie Venter, 7th March 2022 UPDATE: The judgment in this case is now published: Manchester University NHS Foundation Trust v WV [2022] EWCOP 9 (08 March 2022). Latest news: “Autistic kidney-row teen’s transplant ‘a success’“ This post is about the final day of the hearing concerning whether it is in William Verden’s best interestsContinue reading “Best interests and kidney transplantation: Closing submissions in the William Verden case”
Is a kidney transplant in his best interests?
By Bonnie Venter, 1st-4th March 2022 UPDATE: The judgment in this case is now published: Manchester University NHS Foundation Trust v WV [2022] EWCOP 9 (08 March 2022). Latest news: “Autistic kidney-row teen’s transplant ‘a success’“ I’m watching a four-day Court of Protection hearing centred around the legal question of whether a kidney transplant isContinue reading “Is a kidney transplant in his best interests?”
Communicating bad news: A s.21A decision
By Celia Kitzinger, 1 March 2022 Ms C says she hates where she lives – in a residential care home (I’ll call it“Beech House”). She has said so “loudly”. She expressed her “strongly held feelings” directly to the judge when he met with her on 25th January 2022. Throughout that meeting she maintained, in strong terms, thatContinue reading “Communicating bad news: A s.21A decision”
Promoting Open Justice in the Court of Protection 