By Kristy Regan, 6th January 2022 This long-running case (COP 13677853) concerns Mrs P, an 80+ year old widow who’s been living in a European country at an unknown address with one of her daughters, “Kim” (all names are pseudonyms), a litigant in person. The applicant is Mrs P’s other daughter, “Louise” (represented by Sarah Haren of 5 StoneContinue reading “A mother abroad and a family dispute: Part 3”
Tag Archives: Best Interests
Patient dies in hospital as Trust fails to comply with Mental Capacity Act 2005
s well as providing a range of community services in the three Boroughs. The trust employs more than 9,000 clinical and support staff and serves a diverse population of approximately one million people.
Disputes about COVID vaccination should be rapidly referred to the Court
“at First Avenue House – and I’ve checked with the senior judge – if an application comes in concerning a dispute about vaccination, one of our technical experts will deal with it, and it will be referred to a judge quickly. The arrangements in the regional hub courts are similar – the court staff are alert to the need to progress vaccination applications quickly” (DJ Mullins)
Family dispute about life-sustaining treatment: A directions hearing
By Jenny Kitzinger, 22nd December 2021 The hearing I attended on 21st December 2021 before Ms Justice Russell was yet another case which underlines the dangers of not planning ahead for possible future loss of capacity. This is what can happen to any of us, at any time, if we are suddenly brain injured, whether fromContinue reading “Family dispute about life-sustaining treatment: A directions hearing”
Covid vaccination and a Christmas visit
Her mother very badly wants PH to come home for Christmas. She described how she and her daughter “love each other dearly” and “have joy and pleasure in the time we spend together”. Her daughter she said, “loves Christmas decorations and a tree” – and visible on screen, in her home behind her, was a decorated tree with multi-coloured lights.
Experience of a new witness in the Court of Protection
Recently I was sworn in to give evidence in the Court of Protection as a witness of fact for the first time…. not intimidating…. attending the COP as a witness of fact was a valuable experience before being called in an expert capacity and helped to build my confidence in my skills in defending my opinion and how I can help court consider a patient’s neuropsychology needs.
“At loggerheads”: Habitual residence, best interests and life-sustaining treatment
loggerheads”, but also that the family was effectively “on a different page” about how serious treatment decisions are made in a patient’s best interests, and how the Court of Protection works to ensure that.
Family witnesses in court: Four reflections on Re AH (A Rehearing)
Suggesting that the family is lacking in objectivity because they are in some way psychologically compromised serves the purpose of undermining and discrediting their evidence. This was not necessary to powerfully argue the Trust’s case that ongoing life-sustaining treatment is not in AH’s best interests. The medical evidence stood alone.
Elective caesarean in her best interests
Despite guidance concerning applications for court-sanctioned interventions in childbirth, it’s common for cases to come before the court (as here) where women are within 4 weeks of their expected delivery, and judges regularly express concern that they are having to make decisions about childbirth for women close to (or even after) their due dates.
Health and Welfare Attorney applies for urgent hearing on life-sustaining treatment
The patient’s son and daughter had been asked to agree to the insertion of the naso-gastric tube (on about 23rd October 2021) but had not been consulted about its removal. They say they’d not been told about the removal of the tube in advance, or asked what their mother would want.
Promoting Open Justice in the Court of Protection 