By Daniel Cloake, 2nd August 2021 This report concerns a case (COP 12132507 In the Matter of “AB” ) before The Hon. Mr Justice Hayden sitting remotely on 20 July 2021. The subject matter of the hearing was presented like this in the Transparency Order: This application is listed for hearing at 10.30 am onContinue reading “Court considers how to operate against patient’s will”
Tag Archives: Best Interests
Life-sustaining treatment contrary to his best interests: Lessons from a supplementary hearing
By Jenny Kitzinger, 30 July 2021 The hearing I attended at the Court of Protection on 15th July 2021 (Case No. 1375980T before Mr Justice Hayden) was unusual in that it was described by the judge as a “supplementary hearing”. I’d not come across this type of hearing before, so was interested in the format and processContinue reading “Life-sustaining treatment contrary to his best interests: Lessons from a supplementary hearing”
Covid vaccination contrary to parents’ wishes
As the hearing ended, JS’s father put a comforting arm around JS’s mother. They both looked upset and anxious. “We just hope your decision brings benefit to our son, rather than more harm”, said his mother. “Mrs S, so do I”, said the judge: “Nobody has a working crystal ball, but I firmly believe it’s the decision that’s best for JS”.
Observing a Court of Protection hearing as year 11 and year 13 students
By Martha Purdy, Meg Aitken and Claire Martin, 22nd July 2021 Attending a Court of Protection hearing is an excellent opportunity to see justice in action. Two students, Meg – about to start medical training in September 2021, and Martha – starting A levels in September and interested in Law, joined Claire (part of the Core TeamContinue reading “Observing a Court of Protection hearing as year 11 and year 13 students”
A best interest decision about life-sustaining treatment for a person with profound neurological injury following COVID-19 infection
d is enormous and awful to read about” such that she “will never be able to live outside of residential care” and “things that have been dear to her, she will never be able to enjoy in the way she would have contemplated”. But he clearly stated that this “hypothetical factual matrix” (i.e. even if these facts are all true), “does not automatically indicate a clear best interests outcome”.
Delay is inimical to P’s welfare: Guidance on clinically-assisted nutrition and hydration for PDoC patients
e of poor practice, and active resistance from some quarters, the court could also make clear that continued provision of medical treatment when it is not in someone’s best interests is an assault, and that clinicians will not be able to rely on the defence in s.5 of the Mental Capacity Act 2005 – meaning that there is a risk to them and to their organisations of claims for damages.
“What is he saying to us?” The ‘voice’ of a hunger-striking man in a best interests decision about his medical treatment
By Gill Loomes-Quinn, 14th July 2021 During the afternoon of Tuesday 25th May 2021, I found myself back in the (virtual) Court of Protection for what was my first observation for several months. I was expecting to observe the latest hearing in Case Number COP 1275114 Re RD (Emma Heron and Olwen Cockell had written about an earlierContinue reading ““What is he saying to us?” The ‘voice’ of a hunger-striking man in a best interests decision about his medical treatment”
Dental Clearance with Post Intensive Care Syndrome: A Compassionate Decision by Hayden J
This hearing arose because a hospital trust has applied for welfare orders under the Mental Capacity Act 2005 to permit them (i) to perform a full dental clearance on M in hospital under general anaesthetic, and (ii) to use a combination of chemical and physical restraint in order to manage M’s transfer to hospital.
Predatory marriage and coercive control: A hearing before Roberts J
By Celia Kitzinger, 12th July 2021[1] Update: This judgment has now been published BU, Re [2021] EWCOP 54 (24 September 2021) This case before Mrs Justice Roberts, (COP 13503831 heard on 6th – 8th July 2021) concerns coercive control and a planned predatory marriage (or civil partnership). Evidence from an expert psychologist appointed by the court, ProfessorContinue reading “Predatory marriage and coercive control: A hearing before Roberts J”
On care, coercion and childbirth in the Court of Protection
By Ruth Fletcher, 5th July 2021 The decision in ‘An Expectant Mother’ is unsettling on many levels, not least because it takes a harsh legal approach when a care-full one is needed. Instead of paying even more attention to the experience of the agoraphobic pregnant woman at the heart of this case, somehow the judgment has endedContinue reading “On care, coercion and childbirth in the Court of Protection”
Promoting Open Justice in the Court of Protection 