Following years of serious illness, B’s parents had created what the judge described as a “cocoon of happiness” around their daughter. The difficult question before the court was whether preserving that cocoon truly served B’s best interests or whether accepting the risks of elective surgery could offer her the opportunity for a fuller and less restricted life.
Tag Archives: Court of Protection
“Complete failure” of Fit to Discharge proceedings before Lieven J: Carers suspended, allegations of abuse, and no immediate prospect of discharge
The judge struggles to see how things could be worse. Allegations of abuse have been made against the carers, a safeguarding investigation is underway, the care agency has suspended six staff, and the LA has terminated the contract. Oh, and the hospital where P’s been for 14 months now has a ‘superbug’ infection and P’s tested positive.
Reducing restrictions for a person deprived of his liberty: internet use, access to services and ensuring appropriate support
Senior Judge Hilder (and the OS) seemed very familiar with how difficult it can be to ensure that organisations follow through on their responsibility and how easily a timetable can slip.
When compliance is not consent: Applying AGNI when P is sedated and objecting
This hearing the opportunity to see how the Court is approaching the Supreme Court’s new, multifactorial test for deprivation of liberty following A Reference by the Attorney General for Northern Ireland (AGNI).
A remarkable turnaround: Updating the “vile judgment” case
By October 2025, the local authority had concluded that 24-hour live-in care was no longer necessary and sought court approval to replace it with four daily care visits supported by assistive technology. The court agreed, bringing an end to all restrictions on contact between Caroline and her mother.
Unlawful deprivation of liberty and the retrospective effect of AGNI: When the capacity requirement is not met
Following AGNI, has P (who has capacity to make decisions about care and residence) been deprived of her liberty for the purposes of making a human rights claim?
Fit to discharge or fit to section?
The family members are adamant that the new care providers are “the worst agency they’ve been involved with” and report receiving somewhere between 50 and 100 distress calls each day from P in which she begs them to prevent her having to go home with those carers. Their view is that if P returns home with this care provider, then her quality of life at home would be no better than her remaining in hospital.
What happens to restricted patients after AGNI? SJ Hilder considers the consequences
At first sight, this appeared to be a straightforward example of the post-AGNI legal framework in practice. The applicant local authority invited the court to discharge the COPDOL order. But there was a complication. The P in this case is a “restricted patient”, living in the community under “conditional discharge”.
“What your mother wants and what is best for P may not be the same thing”: Judge seeks family engagement and clarification of immigration status
I hope that the practical plan put in place by DJ Clarke will enable the family and professionals to collaborate effectively and ensure that the Official Solicitor can obtain P’s wishes and feelings. Ultimately, the decisions being made are about P’s life, and his voice must be at the centre of those decisions.
Objections (and breached conditions) after AGNI
Despite the obvious importance of establishing the legal basis of P’s confinement (is it or isn’t it a ‘deprivation of liberty’?), this judge – like others I’ve watched since AGNI – gave priority to considering whether P’s residence and care arrangements were in his best interests and the least restrictive necessary.
Promoting Open Justice in the Court of Protection 