“KB could not comprehend that a baby was growing inside of her. As a result of her learning difficulties, she was unable to verbalise beyond an occasional yes/no and it was deemed that she would not be able to undergo a vaginal birth. In his judgment, Mr Justice Poole said that the evidence shows that KB’s lack of understanding is “profound”
Tag Archives: Court of Protection
What does the Court of Protection need to know about “borderline personality disorder”?
The words of those given the diagnosis are seen as meaningless because an expression of pain is viewed as just seeking attention, and a legitimate complaint is ‘typical PD’. “Inappropriate anger” is one of the criteria for BPD and what greater power imbalance can there be for someone whose reactions to injustice are labelled by others as “inappropriate”?
Deprivation of Liberty at an Urgent Hearing
By Caroline Hanman[1] – 17th November 2020 The person at the centre of this hearing (pseudonymised as “Michael” in this post) is a young man under the age of 18. He’s autistic and he has learning difficulties and ADHD (“attention deficit hyperactivity disorder”). He sometimes exhibits challenging behaviour which on occasion has resulted in physical injury toContinue reading “Deprivation of Liberty at an Urgent Hearing”
Should life-sustaining treatment be continued?
“Nine public observers attended (via MS Teams) an all-day hearing in the Court of Protection before Mr Justice Poole (COP 1353507, 30 October 2020) concerning whether or not life-sustaining treatment should be continued…”
Psychiatric Survivors’ Views on Advance Consent and ‘Forced’ Treatment
“… I remain hopeful that by highlighting cases such as Paul’s and learning from lived experiences of psychiatric survivors, we can make small steps that will lead to better experiences of treatment for those in mental health crisis.”
When Expert Evidence Fails
A hearing before Mr Justice Poole (COP 13551368) listed for three days (26-28 October 2020) was adjourned, only part-heard, because of inadequate reports from the expert witness. The expert witness, Dr Q, a consultant psychiatrist, gave evidence that the person at the centre of the case (let’s call her Barbara) lacked mental capacity to make any of the decisions before the court. His evidence simply collapsed under cross-examination.
From black letter law to real-life decision making
Editor’s note: This is a report of a later hearing in the same case as the one covered in a previous blog here. By Lucy Williams, 29 October 2020 I am studying a module on Health Care Law at the University of York. We explore how decision-making capacity is determined on the basis of the Mental Capacity ActContinue reading “From black letter law to real-life decision making”
A COVID-Secure Attended Hearing
By Adam Tanner, 28th October 2020 Over the past seven years I have worked within the justice system and have been an observer as a law student and PhD researcher in several hundred in-person court hearings. Since the lockdown restrictions commencing in March 2020, there has been a new feel to the justice system inContinue reading “A COVID-Secure Attended Hearing”
Where P should live
“One of the most relevant and pleasing aspects of the hearings has been the evident attention paid to the involvement of P in proceedings. Although P did not attend any of these hearings, what did come across and was clearly conveyed was a real sense of P as an individual and what their views, wishes and feelings were/are in relation to the life-matters affecting them.”
Ethical issues in restraining patients for dialysis
“…Two aspects of Paul’s treatment particularly interest me. First, that the restraint required is rather extreme. Second, that the patient had expressed a clear desire to be restrained as he wants to be dialyzed…”
Promoting Open Justice in the Court of Protection 