By Amanda Hill, with contribution from Tim Sugden and Celia Kitzinger, 26th March 2025 The protected party in this case, “P”, is a woman in her early twenties, with diagnoses of autism, ADHD, behavioural difficulties and limited communication skills. Her mother took her to Jamaica in February 2023 “seemingly to evade the involvement of social careContinue reading “Two years on, P is still missing: Judge refuses application to conclude proceedings, holds proceedings partly in private, and issues injunction with penal notice against mother”
Tag Archives: Best Interests
“I’m making these orders not for my own amusement, but for P”: Judge admonishes professionals over “disappointing” failures
I observed the judge’s surprise and exasperation at the lack of progress in HMB’s case as performing a function of delegitimising and ‘calling out’ the situation…. Hearing such disapproval from someone exercising the authority of the court (in open court) felt like a powerful counter to such tacit social legitimisation that I wish more of society could (or would) hear.
Public bodies argue about funding – Poole J feels like “a referee or go-between”
By Amanda Hill, with contribution from Tim Sugden, 5th March 2025 The protected person (“MH”) has been diagnosed with dementia and lives in a care home. This case (COP 14214860) began as a Section 21A appeal (a Deprivation of Liberty challenge) and was initially before a district judge before it turned into a case about serious medical treatment towards the end ofContinue reading “Public bodies argue about funding – Poole J feels like “a referee or go-between” “
A young man failed by NHS South West London ICB and the London Borough of Wandsworth
Working in the health service, I often hear families’ concerns or reasonable complaints framed as them being ‘anxious’ about their loved one’s care. I think it can be a manoeuvre to delegitimise their (often perfectly reasonable) concerns and belittle their status as a full participant. Conversely, I don’t hear the word ‘anxious’ being used about powerful professionals when they speak up or raise concerns.
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
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”
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”
Promoting Open Justice in the Court of Protection 