Rather than starting with the question of how AB might be restrained, she insisted that thought be given first to how to avoid putting AB in situations where restraint might become necessary.
Tag Archives: Court of Protection
Final hearing in the ‘vile judgment’ case: Coming full circle
By Daniel Clark, Amanda Hill and Celia Kitzinger, 8th November 2026 The final hearing in this long-running case lasted 16 minutes. The case began with an application from Norfolk County Council on 18th December 2023 and came to an end nearly three years later, after 10 hearings [Note: Caroline corrects us and say it wasContinue reading “Final hearing in the ‘vile judgment’ case: Coming full circle”
Two siblings face imminent eviction due to care home closure: A race against time and a local authority lacking urgency
The new owners of the small care home the siblings live in have announced that they will be closing the care home in a few short weeks. A new home has to be found for the siblings, urgently. This case displays the limits of the Court of Protection, the immense pressure on social services, and the harm being caused to vulnerable people.
Covert recording and contact restrictions
Gravely concerned about her son’s care, the mother had resorted to covert recording by giving her son a teddy bear with a hidden device inside. But when the covert recording was revealed, the Health Board stopped contact between mother and son, and made an application for an interim injunction to prohibit her from recording in future and to re-establish a (restricted) contact regime.
Everyone agrees it’s in the best interests of two siblings to live together – but is that possible?
By Daniel Clark and Amanda Hill, 29th October 2026 Two siblings, AA and BB, have lived together almost all their lives and now reside in the same care home. However, one has been served with an eviction notice and there is therefore a risk that they’ll be separated. It now falls to the Court ofContinue reading “Everyone agrees it’s in the best interests of two siblings to live together – but is that possible?”
Contesting deprivation of liberty post-AGNI: Not a marginal case but “the very exemplar of why the state is under an obligation to provide safeguards”, says HHJ Hilder
BW is objecting as loudly and frequently as her condition enables her to do. I agree with Ms Butler-Cole that this is not a marginal situation. This is the very exemplar of why the state is under an obligation to provide safeguards.
Two non-compliance hearings concerning Finance Deputyship applications: Finding pragmatic ways forward
By Celia Kitzinger, 23rd October 2026 There were five hearings concerning ‘non-compliance with court orders’ listed, for 15 minutes each, before DJ Ellington sitting remotely at First Avenue House on Monday 19th October 2026. I watched two of them, at 11am and 12.30pm.[1] Both hearings concerned family members who’d made applications to become Deputies for PropertyContinue reading “Two non-compliance hearings concerning Finance Deputyship applications: Finding pragmatic ways forward”
“Pleading for information about mum’s care”: Court makes pragmatic appointment of interim welfare deputy
Daughter: “I don’t feel I can make a fully informed decision … I’ve got so much to consider. What I’d respectfully ask the court to do is to give me the authority to access information about my mum from adult social care, safeguarding, the GP practice, the hospital, the care home and the home care agents prior to her admission [to hospital]. […] If I can get that information, I can make a decision.”
P’s objections to early evening curfew are “compelling” evidence of deprivation of liberty after AGNI
judicial decisions about whether or not P is deprived of liberty are turning out to be problematic for a court that is said to aspire to transparency with regard to the way in which judges are arriving at their decisions. This case provided more information than most, but still left me with questions and concerns.
After AGNI, are local authorities attempting to conclude proceedings inappropriately?
“One of the impacts of the AGNI decision is that it has led to Local Authorities attempting to conclude proceedings in inappropriate circumstances.” (Counsel for P via the Official solicitor)
