By Amanda Hill, 24th February 2025 P, the protected party in this case, is a young man in his twenties, with an acquired brain injury and a spinal injury that has caused paraplegia. He’s been in hospital since October 2024 but has been medically fit for discharge for some months. There’s an earlier blog post here: Detention in hospital, capacity and treatment:Continue reading “P has capacity to decide to leave hospital – but there’s nowhere for him to go: Untangling capacity, “being on a DOLS”, and the care plan”
Tag Archives: Best Interests
What is wrong with Deprivation of Liberty and selling P’s home to pay care fees?
By Jenny Kitzinger, 10th February 2024 Mr G is a man in his sixties with vascular dementia and frontal lobe damage. The Court of Protection has found that he lacks capacity to litigate and to make decisions regarding his residence and care. He has lived mostly in residential care since 2019 – but he doesn’tContinue reading “What is wrong with Deprivation of Liberty and selling P’s home to pay care fees?”
Judge approves use of esketamine in anorexia case: Re CC
By Elissa Novak, 3rd February 2025 Despite her own best efforts, and the support of her family and those involved in her care, a 21-year-old autistic woman diagnosed with depression and anorexia nervosa is facing the very real prospect of death. This is the desperate situation at the heart of the hearing I observed (remotely) on 3rd DecemberContinue reading “Judge approves use of esketamine in anorexia case: Re CC”
Dispute about capacity and best interests in a s.21A application
By Daniel Clark, 31st January 2025 Mr H has lived in A Care Home since 2022. He is challenging his deprivation of liberty, pursuant to s21a of the Mental Capacity Act 2005[i], but the respondent local authority think that it is not in his best interests to return home. A brief (25 minutes) hearing in this caseContinue reading “Dispute about capacity and best interests in a s.21A application”
Delays for “a most distinguished man” deprived of his liberty
By Claire Martin, 8h January 2025 (This blog was written in December 2024 and set up for automated release in January in advance of the next listed hearing in this case on 13th January 2025. Note that the Open Justice Court of Protection Project is currently closed and will be reopening on 1st February 2025) This isContinue reading “Delays for “a most distinguished man” deprived of his liberty”
Urgent Serious Medical Treatment on Christmas Eve
By Celia Kitzinger, 7th January 2025 (This blog was written in December 2024 and set up for automated release in January in advance of the next listed hearing in this case on 10th January 2025. Note that the Open Justice Court of Protection Project is currently closed and will be reopening on 1st February 2025.)Continue reading “Urgent Serious Medical Treatment on Christmas Eve”
“Let us be alone as a family again”: An application for unsupervised contact at Christmas
By Daniel Clark & Kim Dodd, 23rd December 2024 Like many other people, the protected party, CA, goes to church on Christmas morning and then enjoys spending the rest of the day with her family. She has done this for many years. Following court orders that all contact with her daughter must be supervised, aContinue reading ““Let us be alone as a family again”: An application for unsupervised contact at Christmas”
Capacity and Contempt of Court: The case of LB
By Celia Kitzinger, 18th December 2024 The hearing I observed on 5th December 2024 (COP 14045574) before HHJ Tucker sitting in Coventry was an application to send someone to prison. The hearing lasted for about 35 minutes and I was able to observe about 20 minutes of it, missing the beginning due to not having been sent theContinue reading “Capacity and Contempt of Court: The case of LB”
Anorexic teenager in 10-day induced coma for re-feeding: What next?
Doctors gave her a general anaesthetic, ventilated and sedated her, and fitted her with an NG tube, believing this to be in her best interests. She did not consent to any of this – there was a view that she lacked capacity, but no formal capacity assessment was mentioned. And it’s not clear (said the Official Solicitor) “how aware [she] was of the proposed treatment plan before it was put into effect”.
Where shall P live? And the impact of a hearing on first time observers
I noticed how distressing it was for P as she was getting up and down and throwing her arms open, throughout the hearing, when arguments were being made for different places to those she might have wanted for herself. At the times I noticed this, it was at points where I also felt very confused with what was being said. I also questioned if more had been considered around her physical health conditions rather than the focus being on mental health.
Promoting Open Justice in the Court of Protection 