d is enormous and awful to read about” such that she “will never be able to live outside of residential care” and “things that have been dear to her, she will never be able to enjoy in the way she would have contemplated”. But he clearly stated that this “hypothetical factual matrix” (i.e. even if these facts are all true), “does not automatically indicate a clear best interests outcome”.
Tag Archives: Court of Protection
“What is he saying to us?” The ‘voice’ of a hunger-striking man in a best interests decision about his medical treatment
By Gill Loomes-Quinn, 14th July 2021 During the afternoon of Tuesday 25th May 2021, I found myself back in the (virtual) Court of Protection for what was my first observation for several months. I was expecting to observe the latest hearing in Case Number COP 1275114 Re RD (Emma Heron and Olwen Cockell had written about an earlierContinue reading ““What is he saying to us?” The ‘voice’ of a hunger-striking man in a best interests decision about his medical treatment”
Resolving End-of-Life Treatment Conflicts: Comparing the COP in England to Analogous Mechanisms in Ontario, California, and Texas
By Thaddeus Mason Pope, 23rd June 2021 On Friday June 11 2021, I had the pleasure of watching The Honorable Mr. Justice Hayden deliver judgment in a Court of Protection case involving the withdrawal of life-sustaining treatment. I have been reading Court of Protection judgments for years and have even collected many on my website. But this was my firstContinue reading “Resolving End-of-Life Treatment Conflicts: Comparing the COP in England to Analogous Mechanisms in Ontario, California, and Texas”
How not to do open justice in the Court of Appeal
“There’s clearly a case for saying that skeleton arguments should normally be automatically available to observers in a public hearing and provided to us by counsel in a suitable format. “
Mentoring undergraduates to observe a Court of Protection hearing
My experience of mentoring students and integrating a court hearing into the course I was teaching was time consuming but it was a rewarding teaching experience. Engaging with how this hearing unfolded in real time has helped my students to understand the complex interface between law, medicine and lived experience. This can only enhance their development as students, as future professionals, and as citizens and help to promote the principles of open justice.
Two journalism undergraduates observe a Court of Protection hearing
“It wasn’t combative like you see on the TV. Instead there was a very clear statement from the judge that these were civil proceedings and were very different from a criminal case – there was no ‘prosecution’ and it should not be seen as ‘a fight'”
Does being watched change how justice is done? A researcher’s reflections
Now seems like an ideal time to reflect on what we have learned about the relationships between open justice and social justice and to discuss with those working across other courts and tribunals how our experiences intersect with theirs – what we might learn, and how we might maximise our impact.
A hotel as an interim placement
By Celia Kitzinger, 15th January 2021 At a brisk 17-minute hearing on 30 December 2021 before Mr Justice Keehan (Case no. 12803319), the judge approved the applicant local authority’s order to place P in a hotel with a package of 24-hour care as a temporary measure, pending his move to a permanent placement. Use ofContinue reading “A hotel as an interim placement”
Excluding the public from Court of Protection hearings: A case before Mr Justice Keehan
By Celia Kitzinger, 7th Jan 2020 Open justice. The words express a principle at the heart of our system of justice and vital to the rule of law. …. Open justice lets in the light and allows the public to scrutinise the workings of the law, for better or for worse. (Lord Justice Toulson R (Guardian News andContinue reading “Excluding the public from Court of Protection hearings: A case before Mr Justice Keehan”
“RPR”, “IMCA” and “Paralegal” – what are these roles?
By Tory Smith, 6th January 2021 I am a paralegal working at MJC Law. One of MJC Law’s specialties is health and welfare cases in the Court of Protection and in the vast majority of our cases we represent “P” (the protected person). By way of my own background, I have been involved within theContinue reading ““RPR”, “IMCA” and “Paralegal” – what are these roles?”
Promoting Open Justice in the Court of Protection 