Medical treatment, undue influence and delayed puberty: A baffling case

By Celia Kitzinger and Claire Martin, 2nd May 2022 The protected party at the centre of the case is a woman in her early twenties who has not experienced puberty, because she has not been provided with the recommended medical treatment for her “primary ovarian failure”. She has diagnoses of “mild learning disability” and “autismContinue reading “Medical treatment, undue influence and delayed puberty: A baffling case”

Treatment against his wishes but in his best interests (without direct evidence on litigation capacity)

By Celia Kitzinger, 29th April 2022 “Although his wishes and feelings are not to have this operation, those wishes and feelings are based on delusion… I give less weight to his views for that reason.[1]” So said Mrs Justice Arbuthnot at a hearing on 28th April 2022 concerning a man in his late 50s (Mr SH)Continue reading “Treatment against his wishes but in his best interests (without direct evidence on litigation capacity)”

Refusing to eat and declining a feeding tube: Capacity at issue

By Celia Kitzinger, 21st April 2022 The hearing concerned an application from an NHS Trust (represented by David Lawson) to insert a PEG-J tube under general anaesthetic and then to deliver clinically assisted nutrition and hydration (CANH) to a young woman (P) who was admitted to hospital having fractured her femur and is now refusing to eat. She’sContinue reading “Refusing to eat and declining a feeding tube: Capacity at issue”

More on Mr M: Medical recommendations, still awaiting discharge and final hearing plans

By Claire Martin, 12th April 2022 Mr M is still in hospital. He has now been there for 40 days.  He was originally taken to hospital under court order for assessment of his ulcerated legs, to enable medical recommendations to be made. We have previously blogged about this case, here, here and here. At this hearing[1] (12 noon, Friday 8th AprilContinue reading “More on Mr M: Medical recommendations, still awaiting discharge and final hearing plans”

The value of observing a case management hearing in the Court of Protection

By Helen Moizer, 7th April 2022 The value of observing a case management hearing in the Court of Protection. When I observed a Court of Protection hearing for the first time, I did not know what I was entering into or what to expect. Despite it being a video hearing link, I still felt apprehensiveContinue reading “The value of observing a case management hearing in the Court of Protection”

Two years on: A postscript to “Remote justice”

What families mean by “gravitas” (dignity, seriousness, solemnity) does not in fact reside in court architecture, coats of arms, wigs and robes, or rituals of address and behaviour. In my experience, these external manifestations of “justice” can sometimes seem rather ridiculous, and the “performance” element of the courtroom can alienate lay people and distract everyone from the serious business at hand. Rather, the “gravitas” families appreciate is a quality of attention, a focus, a willingness to engage, in depth, with the medico-legal and ethical issues before the court.

Absconded

The tension is between, on the one hand, P’s autonomy and freedom, and on the other keeping her safe from harm. As Ben McCormack put it, “she’s been locked up for her own good, but she doesn’t like it”

A long wait for medical recommendations – still in hospital after 18 days

Claire Martin, 24th March 2022 This is the third in a series of hearings concerning Mr M, a man with severely ulcerated legs who is declining, or avoiding, medical assessment. He has a long-standing diagnosis of schizophrenia and depression and is said to be addicted to Class A drugs (heroin and/or crack cocaine).  He lives in supportedContinue reading “A long wait for medical recommendations – still in hospital after 18 days”

Available options and best interests in a disputed end-of-life treatment case

By Celia Kitzinger, 21 March 2022 The judgment is now published: London North West University Healthcare NHS Trust v M & Ors [2022] EWCOP 13 (21 March 2022) On 14th March 2022, I watched a one-day final hearing about a young man in a prolonged disorder of consciousness from which (doctors say) he will never recover.  Continue reading “Available options and best interests in a disputed end-of-life treatment case”

Capacity to engage in sex: Putting the MCA’s foundational values to protect and empower to the test

By Samantha Williamson, 18th March 2022 Most of us couldn’t begin to imagine being told (as adults) that we are prohibited from spending private time with our chosen partner – and that we cannot be allowed to have sex with them. That’s been the case for 19-year-old T and her 25-year-old boyfriend since 19th November 2021.  Continue reading “Capacity to engage in sex: Putting the MCA’s foundational values to protect and empower to the test”