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.
Tag Archives: Court of Protection
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.
From Cheshire West to AGNI: Rebalancing Protection, Autonomy and Human Rights
One positive consequence of the AGNI judgment may be that it encourages professionals to refocus on their own responsibilities under the Mental Capacity Act. By reducing the number of cases that require formal deprivation of liberty authorisation, there is an opportunity for practitioners to develop greater confidence in undertaking capacity assessments, making best interests decisions and applying the Act in day-to-day practice.
Considering ‘deprivation of liberty’ in a family home setting after AGNI
HHJ Burrows determined that there is no deprivation of liberty for a young woman living under constant supervision and control in an annex to the family home. It was clear from his comments in court that he did so with considerable reluctance, referring to “deeply philosophically difficult” arguments.
Judge authorises medical treatment and DOLS in hospital following AGNI
In the end, despite having watched the hearing and heard the oral judgment, I don’t know why this judge made the decision she did about deprivation of liberty in this case – which pretty much defeats the purpose of observing a hearing in the first place.
Declaration of death or serious medical treatment withdrawal?
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”.
“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”
