By Jenny Kitzinger, 20th October 2021 Mr G desperately wants to live in his own flat – but this option is hanging by a thread. After a series of court hearings at which he challenged his “detention” in residential care (via s.21A of the Mental Capacity Act 2015), he finally moved back into his ownContinue reading “A trial of living at home – a “suspended sentence” of returning to care”
By Claire Martin, 23rd September 2021 I observed a remote hearing (COP 13339015) at Lincoln Family Court on 6th September 2021. District Judge McIlwaine was presiding. The case concerned a challenge to Lasting Powers of Attorney from the Office of the Public Guardian and was preparatory to a final 3-day hearing starting on 27th September 2021. The applicant is P’s daughter,Continue reading “Challenge to Lasting Powers of Attorney”
By Celia Kitzinger, 28th June 2021 Update: I’m informed that the next hearing for this case (previously listed for 2nd July 2021) has now been vacated, and is re-listed for 4th August 2021 at 3pm. We will post information about how to observe on our home page in due course. Most of the hearings weContinue reading “Keeping Mum in her own home: Deprivation of Liberty and Powers of Attorney for health and welfare”
“You have to do better than that. You can’t ask the High Court to turn a blind eye to illegal detention. If this was an immigration case, I would be letting him out now. You can’t unlawfully detain people in the UK. You’ve got four days to sort this out. If the situation is that he should just go home – then just do it. I’m not going to order you to do it because I haven’t got the evidence.” (Mrs Justice Lieven)
By Evie Robson and Celia Kitzinger, 10th May 2021 On the morning of Tuesday 13th April 2021, we both logged on to MS Teams to observe a hearing before District Judge Ellington (COP 13715986). The listing information on the First Avenue House website – which helpfully provides advance information about the issues to be addressed in court – informedContinue reading “Inspired by Bournewood: A s.21A challenge and delay in the court”
By Claire Martin and Celia Kitzinger, 22nd January 2021 Back in October 2020, a hearing before Mr Justice Poole (COP 13551368) was adjourned, part-heard, after inadequate reports from the expert witness, Dr Quinn. He reported that the person at the centre of the case (she’s “AG” in the judgment and we called her “Barbara” in our previous blog) lacked theContinue reading “Capacity for sex and marriage”
“the proposal gives rise to strong feelings [and] poses challenges to conceptions of what we are willing to empower people to decide about in advance, and about how expressions of sexual preference could be ‘housed’ within such decisions where they may clash with the views of others around the person about what they consider to be acceptable.”
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.
Ruth was not in court. She was represented in court by a barrister appointed and instructed via the Official Solicitor. Her barrister reported that “Ruth is very clear in her own mind that she does not lack capacity to make these decisions”. But he did not argue on her behalf that the court should accept that she has capacity.
Gerald “strongly believed he could manage at home with care visits, but preferred to stay in the current ‘so-so’ home if around-the-clock care was needed. If a care home was truly necessary, Gerald asked only that one capable of accommodating his cat could be found….”