By Daniel Clark, 14 November 2023 “At the moment I have no practical or viable options before me for the safe care and treatment of AB”. So said Mr Justice Keehan towards the end of this hearing, summing up the dire situation that the Court finds itself in. This case (COP 12953545) has a long history, someContinue reading “Back to square one in a complex case”
Tag Archives: Deprivation of Liberty
Observing a Failed Re X hearing: “it sounds like ‘Cassie’ is being unlawfully deprived by contact restrictions”
By Eleanor Tallon, 31st October 2023 My previous blog post on ‘Failed Re X’ described the legal meaning of the term, and the processes whereby these cases get to court. This blog post follows up on that by reporting on a ‘Failed Re X’ hearing (COP 13266959) I observed on 9th October 2023 before District Judge Hart, sittingContinue reading “Observing a Failed Re X hearing: “it sounds like ‘Cassie’ is being unlawfully deprived by contact restrictions””
‘Failed Re X’: Deprivation of liberty and Re X (the streamlined process) – a social work perspective
By Eleanor Tallon, 10th October 2023 The words “Failed Re X” has appeared in Court of Protection lists recently – like the two reproduced below. ‘Re X’ is the term used to refer to the streamlined process through which the Court of Protection (CoP) can authorise a ‘Deprivation of Liberty’ (DoL), as established in theContinue reading “‘Failed Re X’: Deprivation of liberty and Re X (the streamlined process) – a social work perspective”
A s.21A challenge for a ‘restricted’ patient: A “shocking” delay
By Febienne Green (with Celia Kitzinger), 8th August 2023 On Wednesday, 5th July 2023, I watched a hearing (COP 13627234) before Mrs Justice Theis, Vice President of the Court of Protection, sitting at the Royal Courts of Justice via MS Teams. The case was a s.21A challenge to a standard authorisation depriving Mr N of hisContinue reading “A s.21A challenge for a ‘restricted’ patient: A “shocking” delay”
P loses bungalow option due to assessment delays
By Celia Kitzinger, 7 June 2023 This was a thoroughly depressing hearing. I asked to observe it (COP 12446297 before HHJ Godwin) without much idea of what it was about, simply because I had some time free and noticed a hearing in Wales – which we cover less than we should. Access to the cloudContinue reading “P loses bungalow option due to assessment delays”
Deprivation of Liberty Safeguards: A course for families
By Amanda Hill (previously written as ‘Anna’, daughter of a P) Update: Following the court changing the Transparency Order for my mum’s case in March 2025, I can now reveal my identity I’m involved in a Court of Protection s 21A application concerning my mother and the origin of this case was a Deprivation ofContinue 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.
Promoting Open Justice in the Court of Protection 