By Tory Smith, 6th January 2021 I am a paralegal working at MJC Law. One of MJC Law’s specialties is health and welfare cases in the Court of Protection and in the vast majority of our cases we represent “P” (the protected person). By way of my own background, I have been involved within theContinue reading ““RPR”, “IMCA” and “Paralegal” – what are these roles?”
Tag Archives: Best Interests
Unwanted amputation and its likely aftermath
By Monica Young, 23 December 2020 Editorial note: You can listen to Nageena Khalique QC, counsel for P talking about this case in a YouTube video: click here. Her account of this case lasts for about four minutes starting at 18:50 minutes into the recording. The hearing that I attended on Thursday 17th December 2020 (Case: 13693467Continue reading “Unwanted amputation and its likely aftermath”
An inappropriate placement and Article 8 rights
By Beverley Clough, 21 December 2020 After following the Open Justice Court of Protection Project with interest since it was launched in June 2020, I was really pleased to be able (finally!) to attend a hearing on Friday 18th December 2020. The hearing I observed (COP 13462068 Re ‘LW’, before Mr Justice Hayden) follows on from a judgmentContinue reading “An inappropriate placement and Article 8 rights”
Autoerotic asphyxiation: capacity and best interests
This case centred around whether an individual, let’s call him ‘James’, had capacity to decide whether or not to engage in a sexual activity known as autoerotic asphyxiation (AEA), the practice of strangling or suffocating oneself during masturbation to heighten sexual arousal. The question of capacity also concerned James’ engagement with other individuals on the internet.
Waiving anonymity to promote care home visiting rights: Michelle Davies Part 1
The intention of the transparency order is to protect the person’s privacy and this is what many people who become “P”s in the Court of Protection want (or would have wanted). For others, though, their Article 8 right to privacy may be outweighed by the competing interest of their Article 10 to right to freedom of speech and open scrutiny of the circumstances in which they have been placed.
A parent’s reflection on “Michael” – a young man with complex needs and no suitable placement
I have been my son’s care coordinator for many years. In our experience there is little or no communication between agencies. Even though I worked in health and social care services for years, I found that the system is like a maze and sourcing every provision has been a battle. Young people fall through the net. I hope adult services offer Michael the chance of stability and safety in his life and suggest that the next care coordinator ensures that his voice is heard and his family are involved.
An unsuitable placement approved by the Court
The decision of the court was to move him, that afternoon, to yet another placement which – counsel had acknowledged from the outset – is not really suitable for him. It was a disappointing outcome. As the judge said in his oral judgment: “None of this seems to me to be entirely satisfactory”.
Inviting family into the decision-making process
“I watched as Mr Justice Hayden, with calmness, clarity and compassion deconstructed this fallacy, with the simple but sensitive prompt of “making the decision for him, not for you”. I flatter myself that I have effective communication skills but admit to being unexpectedly moved by watching the judge in action.”
Deprivation of Liberty at an Urgent Hearing
By Caroline Hanman[1] – 17th November 2020 The person at the centre of this hearing (pseudonymised as “Michael” in this post) is a young man under the age of 18. He’s autistic and he has learning difficulties and ADHD (“attention deficit hyperactivity disorder”). He sometimes exhibits challenging behaviour which on occasion has resulted in physical injury toContinue reading “Deprivation of Liberty at an Urgent Hearing”
Privacy, Capacity, and the Judge’s Communication Skills
“Hayden J has been at the forefront of ensuring that the voice of P is heard in the Court of Protection and that P is included in the hearing about them as much as is feasible… This hearing embodied that, with Hayden J taking the lead in ensuring that Ms P’s voice was not only heard but that she fully understood the proceedings. “
Promoting Open Justice in the Court of Protection 