What Claire and I witnessed in the Court of Protection was a determined, serious, and lengthy attempt on the part of the judge to determine what AH would want, in the absence of any direct record to help him. Mr Justice Hayden tried very hard to find out what her wishes would be, and to respect them – giving effect to her autonomy and self-determination.
Tag Archives: Best Interests
Secure units and young people: In search of home to call your own
Admission to a restrictive hospital environment does not resolve the underlying reasons as to why young people self-harm and may paradoxically increase risk by encouraging young people to move to new and often more lethal ways of harming themselves once access to their usual means is removed.
An invisible attention bias: A response to ‘The elephant in the courtroom’
I wonder what checks and balances we can put in place to ensure that the case managers, care home managers, District Nurses, GPs, ward managers, or consultants nominally ‘in charge’ of a patient’s care do carry out reviews of these decisions using a best interests approach if P lacks capacity.
Should P go to live with her family in her country of birth?
DJ Beckley’s approach was compassionate. He handled the frequent disruptions to the process with humanity and a lightness of touch. In particular, I noticed that at no point did he ask P to stop crying or to calm down – instead he validated her feelings and tried to explain to her, in understandable language, what was happening, what he needed to know and what he was going to do next. I thought this was exemplary practice
The elephant in the courtroom: Clinically assisted nutrition and hydration in a hearing about care and residence
By Celia Kitzinger, 23rd August 2021 I’m profoundly disturbed by this case (COP 12913981) before District Judge Beckley, which has been slowly progressing though the Court of Protection for more than two years[1]. It represents a missed opportunity for the court to engage with a vulnerable person’s best interests in a holistic way. I want toContinue reading “The elephant in the courtroom: Clinically assisted nutrition and hydration in a hearing about care and residence”
Lasting Power of Attorney: Across Borders
My interest in LPAs, and the reason I became a Lasting Power of Attorney Consultant, stems from a long career as a nurse in palliative and end of life care, where I witnessed the impact of not having these important documents in place. I feel incredibly passionate about people’s voices; their choices and their values being heard – and LPAs are an important way of enabling this. I advocate for proactive Advance Care Planning and LPAs are one important element of planning ahead.
What is a section 49 report?
explanation) to a “section 49 report”. They may ask the judge to order one, or talk about a report they’ve received.
When an academic theory becomes reality: The applicability of section 3 of the Mental Health Act 1983 versus section 5 of the Mental Capacity Act 2005
By Jennifer O’Neill, 3rd August 2021 On 27th July 2021 I observed a remote hearing (via Microsoft Teams) brought before Mr Justice Hayden in the Court of Protection: COP 1354439T Re: PH. Having observed my first remote hearing in the Court of Protection a few weeks earlier (Re AH COP 13783897), I was aware that when observing such hearings,Continue reading “When an academic theory becomes reality: The applicability of section 3 of the Mental Health Act 1983 versus section 5 of the Mental Capacity Act 2005”
Court considers how to operate against patient’s will
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”
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”
Promoting Open Justice in the Court of Protection 