“I have reached a clear conclusion that AB lacks capacity to decide whether or not she should be tube fed.” – Commentary on Judgment

“…The outcome of the judgement is the same for AB, regardless of whether she is deemed to have capacity or not, since NG feeding is judged not to be in her best interests. But a judgement in line with our argument would have given effect to her autonomy and recognised that it is her decision to seek palliative care, rather than a best interests decision made by the judge on her behalf.”

Addressing the Oral Judgment to the Person it Most Concerns

By Celia Kitzinger – 3rd August, 2020 Something exceptional happened in a hearing I observed last week.  A judge – it was Mr Justice Cobb – delivered an oral judgment directly to the young woman at the centre of the case, addressing her by name. This was the 53rd hearing I have observed in theContinue reading “Addressing the Oral Judgment to the Person it Most Concerns”

Over-ruling P’s Strong Wishes in a Best Interests Decision: Autonomy, Protection and P’s voice

“…The position taken by the Official Solicitor (OS) meant that the Local Authority (the applicant), the NHS Trust (the second respondent) and the OS (the first respondent) all took exactly the same position – all opposed to P’s wishes. It felt very one-sided and as though nobody was arguing for what P wanted, except for P herself…”

NEWS: Gill Loomes-Quinn will be talking about the Project at the Mental Disability Law – Postgraduate and Early Career Researcher Seminar on Wednesday 22nd July

By Gill Loomes-Quinn – 16th July 2020 Gill is looking forward to giving a talk about the project, and how we contribute to, and champion the cause of Open Justice in the Court of Protection – at 3.30 pm next Wednesday 22nd July, 2020. This will be as part of the Mental Disability Law –Continue reading “NEWS: Gill Loomes-Quinn will be talking about the Project at the Mental Disability Law – Postgraduate and Early Career Researcher Seminar on Wednesday 22nd July”

British Sign Language Interpretation in the Court of Protection

“Deaf people who use British Sign Language (BSL) are entitled to an interpreter in court. But what does an interpreter do? What don’t they do? Who needs an interpreter and who does the job?…”

Observing Court Hearings – Valuable Training for Solicitors

“… Whilst it is important to read the Judgment afterwards, it is not the same as actually listening to the hearing as the Judgement does not go into detail of the questions and answers posed…”

Seven Perspectives on a Court of Protection hearing

“…Rather than separate blogs, some of us decided to write down our individual observations and put them together in a single blog post, not least because it illustrates the different perspectives people from a range of different backgrounds bring – and hence the diversity of things they “see” – when observing the same case…”

Embedding Open Justice Through a University Law Clinic

“…I hope that readers of this blog will enjoy some posts from our students over the coming weeks, and that their contributions will further highlight the wide range of experiences of remote hearings…”

Two weeks of Open Justice Court of Protection

“…We look forward to our project playing a role in championing the values of Transparency and Disability Justice in the Court of Protection.”