The key question in this case, which will be back in court on 2nd July 2026, is whether or not a man in his 40s, who had an out-of-hospital cardiac arrest about a month ago) is now “brain stem dead”.
Tag Archives: Court of Protection
“Steadying the ship”: Vice President’s judgment will list factors to consider before making applications for declaratory relief in life-sustaining treatment cases relating to the Mental Health Act
By Sydney White, 24th June 2026 The grave facts of this case (COP 20033278, before Mrs Justice Theis on 23rd June 2026) are discussed in a previous blog (Anorexia, declaratory protection and the Mental Health Act: Ventilating a jurisdictional question following Townsend). In summary it concerns a woman (“P”) who suffers from anorexia nervosa and isContinue reading ““Steadying the ship”: Vice President’s judgment will list factors to consider before making applications for declaratory relief in life-sustaining treatment cases relating to the Mental Health Act”
A personal reflection on decision-making processes
By Vicky Farrell, 22nd June 2026 As an experienced clinical lead within NHS community services for older adults, I recently attended a virtual hearing with the aim of gaining insight into how the Court of Protection facilitates complex decision-making outcomes. The case I observed was COP 20019749 before Mrs Justice Theis sitting at the RoyalContinue reading “A personal reflection on decision-making processes”
Removal of P from the family home: Permission to appeal refused
Counsel for the local authority said they would look to carry out the move on Thursday (two days later). The judge explored with everyone how this would work in practice. As always, Senior Judge Hilder’s questions showed exemplary attention to detail in planning ahead as well as displaying her grasp of the material in the bundle.
Court approves sedative PRN medication
By Maria Maier, 17th June 2026 As an Independent Advocate for individuals who lack mental capacity, I have seen at first-hand the vital role the Court of Protection plays in safeguarding some of the most vulnerable members of society. Despite its importance, the Court’s work is often overlooked and underreported. By observing and reporting onContinue reading “Court approves sedative PRN medication”
Iatrogenic harm and the Court of Protection
Court proceedings can cause unintended harm to the person at the centre of the case (“P”) as well as to P’s family, and to P’s wider support network….
A statement on the Court of Appeal’s judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements)
By the core team of the Open Justice Court of Protection Project, 9th June 2026 On 21 May 2026, the Court of Appeal handed down judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements [2026] EWCA Civ 640. This was an appeal against the decision of Poole J in Re AB (Disclosure of Position Statements) [2025]Continue reading “A statement on the Court of Appeal’s judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements)”
Anorexia, declaratory protection and the Mental Health Act: Ventilating a jurisdictional question following Townsend
Given the likelihood of an upcoming Supreme Court hearing, it may be that Townsend provides a very slender thread on which to base the Trust’s argument – or indeed, on which to delay determination of P’s best interests by first detouring down what might turn out to be a jurisdictional cul-de-sac over the next six weeks.
Fit for discharge and still in hospital five months later due to delay with eating and drinking plan – updated after 12th May 2026 hearing
There’ s a deceptively simple solution to enable P to leave hospital – the development of an eating and drinking plan – but a complex web of responsibilities for making that happen, involving multiple public bodies, multiple teams, and multiple people
Judge refuses to make Civil Restraint Order against P’s father
By Celia Kitzinger, 30th March 2026 A Court of Protection judge has refused an application from South Tyneside Council to make a Civil Restraint Order (CRO) against the father of a young autistic man living in supported accommodation. I observed the hearing (COP 14075351) before Mr Justice Poole sitting in person in the Royal CourtsContinue reading “Judge refuses to make Civil Restraint Order against P’s father”
Promoting Open Justice in the Court of Protection 