Access to the community for P: a s.21A deprivation of liberty hearing

Judge Eldergill stated that P had mentioned wanting to be able to go to a restaurant (and there was also some mention of P being able to go to a bank). He referred to Paragraph X (of the Position Statement) which stated that the Home was concerned about P going out alone because he was at risk of absconding. However, the judge raised a point about the seemingly low likely risk of this happening, given that at another paragraph, it stated that P uses a Zimmer frame and so clearly has mobility issues. 

Medical treatment for people with learning disabilities: Telling Robert Bourn’s story and the challenges of ‘transparency’

The initial response of his treating team, says his mother, was to say there were no treatment options.  Comfort measures only were proposed and a palliative care referral was made.

A Respondent To A Deputy (Property And Financial Affairs) Application Asks For An Order That Will Ensure Payment Of Care Home Fees

By Georgina Baidoun – 12th September 2022 The Open Justice Court of Protection Project tweeted about this hearing (COP 13636992, before District Judge Thomas on 30 August 2022), reproducing the listing from CourtServe. It was listed as being about “(i) Whether a deputy should be appointed in respect of the property and financial affairs; (ii)Continue reading “A Respondent To A Deputy (Property And Financial Affairs) Application Asks For An Order That Will Ensure Payment Of Care Home Fees”

Can P return to Ireland?

Four potential care homes in the county to which Mrs H wishes to move “very clearly came back and said they could not meet her needs” (Counsel for Mrs H). “Actually”, he added, “she’s an extremely likeable, cheerful, happy, chirpy lady”. Moreover, “her wish to return to Ireland hasn’t waned in any shape or form”.

Office of the Public Guardian steps in when attorneys don’t agree

I have made an LPA for Property and Affairs myself and was conscious at the time that they are not without their difficulties. In this case, there is a real possibility that, as P’s assets reduce, either he or his wife will have to move home and reduce their standard of living. With the best will in the world, I am not sure how this could or should be resolved, and family conflict seems almost unavoidable. In my case I have chosen to include a professional as an Attorney, accepting that this will come at a cost. 

Dietary Restrictions, aggression, and a placement in jeopardy (plus transparency matters)

There is something fundamental about choosing what food to put (and not to put) into your mouth, that most of us take for granted as adults. It feels somewhat Orwellian to be denied food on the grounds that it’s not in our best interests to eat it.  A few years back, the world’s first vending machine with facial recognition technology was unveiled, with the potential to refuse to vend a certain product based on a shopper’s age, medical record or dietary requirements. Despite the potential health benefits, it hasn’t caught on. 

“The parties should work together and not rush to court in a litigious way. It is not ready to be heard”: Reflections from a Best Interests Assessor

By Eleanor Tallon, 31st August 2022 As an experienced Best Interests Assessor (practising within the legal framework of the Deprivation of Liberty Safeguards), I have an avid interest in the Open Justice Court of Protection Project which is aligned with my passion to promote human rights.  I find that both reading the reflective blogs and participating as an observerContinue reading “The parties should work together and not rush to court in a litigious way. It is not ready to be heard”: Reflections from a Best Interests Assessor

“I am fearful for my daughter’s life”: Serious medical treatment in a contentious case

By Celia Kitzinger, 23rd August 2022 A woman in her 30s has been in hospital for more than three months – for the last four days in the High Dependency Unit, where she is intubated and mechanically ventilated.  She has “a hugely complicated medical background”, including a rare inherited disease, and a diagnosis of “autistic spectrum disorder”.  Continue reading ““I am fearful for my daughter’s life”: Serious medical treatment in a contentious case”

Unusually, this applicant had to pay costs in a Property and Financial Affairs case – the penalty for wasted work

By Georgina Baidoun, 19th August 2022 The CourtServe listing for this case was tweeted by the Open Justice Court of Protection Project like this: Having acted as Court of Protection Deputy for my mother’s Property and Financial Affairs, and having been threatened by the Public Guardian with my removal (otherwise known as ‘discharge’), I decidedContinue reading “Unusually, this applicant had to pay costs in a Property and Financial Affairs case – the penalty for wasted work”

A case of hoarding

By Celia Kitzinger, 17th August 2022 I’ve watched four different Court of Protection cases about people with “hoarding disorder”.  In each one, the local authority had applied to remove the person from their home and rehouse them temporarily, dispose of hoarded property (exactly what could be disposed of, and when, was always contentious), carry out repairs,Continue reading “A case of hoarding”