By Samantha Halliday, 26 January 2022 I have written extensively about court-authorised obstetric intervention[i] but I’ve always relied upon reported decisions. I am acutely aware that as Rosie Harding has commented: “When only the judgment is available for academic scrutiny, we cannot be clear as to the ways that the various submissions were framed”. That being the case,Continue reading “Capacity and elective caesarean”
Tag Archives: Capacity Assessment
The most complex Covid patient in the world: Planning for a re-hearing after a successful appeal
All this detailed planning – what needs to be provided by what deadline and by whom – is part of preparing for a full hearing, especially where (as here) matters are contested. Hearings like these feel relatively pedestrian: they lack the intrinsic interest we all feel about the ethically weighty decisions made in final hearings. But they are the essential scaffolding upon which those final hearings depend.
Capacity (and sexual relations) in the Supreme Court: Reflections on A Local Authority v JB
JB is a 38-year-old autistic man with impaired cognition. He has expressed a strong desire to have a girlfriend and engage in sexual relations with women, but the local authority has concerns that he does not understand that the other person has to consent to the sexual activity.
Endoscopic dilatation against P’s wishes?
By Ravina Bahra, 10 February 2021 This hearing (case number: COP 13711789) before Ms Justice Russell on 9 February 2021 concerned an application to authorise up to five treatment procedures – likely to involve some degree of restraint amounting to deprivation of liberty – that P does not want to undergo. This was a directionsContinue reading “Endoscopic dilatation against P’s wishes?”
Restrictions, Covid-19 and a Glass of Champagne
“…bserving the hearing was interesting and made me reflect on my own experience of conducting capacity assessments and the extent to which they would hold up in court….”
Promoting Open Justice in the Court of Protection 