A judicial U-turn? From ‘no contact’ to ‘main carer’

At an emergency hearing on 24th September 2021, His Honour Judge Tindal issued an injunction against Miss F preventing her from having any contact with Mr G (Case 13382192). At the hearing I attended on 21st October 2021, not only was the injunction made in September lifted, but the court encouraged Miss F to have as much contact with Mr G as possible.

Restrictions in his best interests? An “awkward interaction” between the Mental Capacity Act and sections 37 & 41 Mental Health Act

District Judge Glassbrook said that he recognised that there were only two options for RS: either he lived in X Home, or he returned to hospital.  “But I’m not talking about one placement compared with another. I’m asking why these restrictions are required.”  

Keeping Mum in her own home: Deprivation of Liberty and Powers of Attorney for health and welfare

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 can’t ask the High Court to turn a blind eye to illegal detention”

“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)

Hillingdon 10 Years on: Another Deprivation of Liberty

EW’s wish to end her days in Inverness may not weigh heavily in the best interests decision that will need to be made if the court decides that she lacks capacity to make her own decision about where to live.  I worry that the groundwork for that  is already being prepared. There was a weariness whenever Scotland was mentioned. 

First Impressions of Hayden J in the Court of Protection

Emma Heron and Olwen Cockell, 21st May 2021 Editorial Introduction (Celia Kitzinger) Two relative novices to the Court of Protection had their first experience of a hearing before Mr Justice Hayden on 20thMay 2021.  They record their impressions here.   I also observed this hearing (COP 1275114):  a s.21A challenge on behalf of a man in his 40s withContinue reading “First Impressions of Hayden J in the Court of Protection”

Inspired by Bournewood: A s.21A challenge and delay in the court

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”

Endoscopic dilatation against P’s wishes?

By Ravina Bahra, 10 February 2021 This hearing (case number: COP 13711789) before Ms Justice Russell on 9 February 2021 concerned an application to authorise up to five treatment procedures – likely to involve some degree of restraint amounting to deprivation of liberty – that P does not want to undergo. This was a directionsContinue reading “Endoscopic dilatation against P’s wishes?”

An unsuitable placement approved by the Court

The decision of the court was to move him, that afternoon, to yet another placement which – counsel had acknowledged from the outset – is not really suitable for him. It was a disappointing outcome. As the judge said in his oral judgment: “None of this seems to me to be entirely satisfactory”.

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”