Deprivation of Liberty Safeguards: A course for families

By Anna (daughter of a P) I’m involved in a Court of Protection s 21A application concerning my mother and the origin of this case was a Deprivation of Liberty Safeguards (DoLS) application. So when I learnt about this course run by Edge Training specifically for family members of people in care homes and hospitalsContinue reading “Deprivation of Liberty Safeguards: A course for families”

Can P return to Ireland?

Four potential care homes in the county to which Mrs H wishes to move “very clearly came back and said they could not meet her needs” (Counsel for Mrs H). “Actually”, he added, “she’s an extremely likeable, cheerful, happy, chirpy lady”. Moreover, “her wish to return to Ireland hasn’t waned in any shape or form”.

A deputy’s first experience of observing a Court of Protection hearing

By Jamal L. Din, 27th July 2022 For some time now I’ve wanted to observe a hearing in the Court of Protection to gain experience of how the court hearing is run, and understand how the interests of the protected parties (and their families) are supported. I am a Deputy for Property and Finance forContinue reading “A deputy’s first experience of observing a Court of Protection hearing”

Continuing search for a placement – 5 months on

The local authority had, he said, “… invited the Court to escalate the matter to the Department of Education and the Children’s Commissioner.  This case is reflective of a national crisis.  Support from central government is needed.  As far as I’m aware, neither were informed or provided with information.  It seems to me that now that should happen”.

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”