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”

Covid vaccination contrary to parents’ wishes

As the hearing ended, JS’s father put a comforting arm around JS’s mother. They both looked upset and anxious.  “We just hope your decision brings benefit to our son, rather than more harm”, said his mother.  “Mrs S, so do I”, said the judge: “Nobody has a working crystal ball, but I firmly believe it’s the decision that’s best for JS”. 

Observing a Court of Protection hearing as year 11 and year 13 students

By Martha Purdy,  Meg Aitken and Claire Martin, 22nd July 2021 Attending a Court of Protection hearing is an excellent opportunity to see justice in action. Two students, Meg – about to start medical training in September 2021, and Martha – starting A levels in September and interested in Law, joined Claire (part of the Core TeamContinue reading “Observing a Court of Protection hearing as year 11 and year 13 students”

A best interest decision about life-sustaining treatment for a person with profound neurological injury following COVID-19 infection

d is enormous and awful to read about” such that she “will never be able to live outside of residential care” and “things that have been dear to her, she will never be able to enjoy in the way she would have contemplated”.  But he clearly stated that this “hypothetical factual matrix” (i.e. even if these facts are all true), “does not automatically indicate a clear best interests outcome”.   

“What is he saying to us?” The ‘voice’ of a hunger-striking man in a best interests decision about his medical treatment

By Gill Loomes-Quinn, 14th July 2021 During the afternoon of Tuesday 25th May 2021, I found myself back in the (virtual) Court of Protection for what was my first observation for several months. I was expecting to observe the latest hearing in Case Number COP 1275114 Re RD (Emma Heron and Olwen Cockell had written about an earlierContinue reading ““What is he saying to us?” The ‘voice’ of a hunger-striking man in a best interests decision about his medical treatment”

Resolving End-of-Life Treatment Conflicts: Comparing the COP in England to Analogous Mechanisms in Ontario, California, and Texas

By Thaddeus Mason Pope, 23rd June 2021 On Friday June 11 2021, I had the pleasure of watching The Honorable Mr. Justice Hayden deliver judgment in a Court of Protection case involving the withdrawal of life-sustaining treatment. I have been reading Court of Protection judgments for years and have even collected many on my website. But this was my firstContinue reading “Resolving End-of-Life Treatment Conflicts: Comparing the COP in England to Analogous Mechanisms in Ontario, California, and Texas”

Mentoring undergraduates to observe a Court of Protection hearing

My experience of mentoring students and integrating a court hearing into the course I was teaching was time consuming but it was a rewarding teaching experience. Engaging with how this hearing unfolded in real time has helped my students to understand the complex interface between law, medicine and lived experience. This can only enhance their development as students, as future professionals, and as citizens and help to promote the principles of open justice.