Uncertainty about capacity for contact – and the inappropriateness of using the inherent jurisdiction

Mrs Justice Lieven remarked that “a vast amount of lawyers and legal expenses” were being used on “a relatively small amount of issues, with very fine distinctions” and that further assessment “does not feel to me, like a proportionate way forward, in a cash-strapped system” where in the case of P “there are already 8 lawyers and 3 detailed assessments”, pertinently adding “What benefit is there to P in all of this?”

‘Vindicated!’ The experience of P in the Court of Protection

By JH and NB (with an introduction from Celia Kitzinger) Introduction (by Celia)  There was an urgent Court of Protection hearing at the end of last year before Mr Justice Hayden.  In this blog post, the person at the centre of the case (JH) describes – in his own words, as recorded by a family member-Continue reading “‘Vindicated!’ The experience of P in the Court of Protection”

Closed Hearings: Submission to the Rules Committee

It would be helpful for the Guidance to consider ways in which the taint of deception could be removed, as far as possible, from cases involving closed hearings and to recognise and seek to minimise the moral injury they can cause. 

Reflections on open justice and transparency in the light of Re A (Covert Medication: Closed Proceedings) [2022] EWCOP 44

What happened in this case strikes at the very heart of the work of the Open Justice Court of Protection Project.  It’s very unfortunate that the manner in which this case became public knowledge was via a blog post based on a misapprehension of the facts – necessitating a Statement correcting those facts.

Access to the community for P: a s.21A deprivation of liberty hearing

Judge Eldergill stated that P had mentioned wanting to be able to go to a restaurant (and there was also some mention of P being able to go to a bank). He referred to Paragraph X (of the Position Statement) which stated that the Home was concerned about P going out alone because he was at risk of absconding. However, the judge raised a point about the seemingly low likely risk of this happening, given that at another paragraph, it stated that P uses a Zimmer frame and so clearly has mobility issues. 

Medical treatment for people with learning disabilities: Telling Robert Bourn’s story and the challenges of ‘transparency’

The initial response of his treating team, says his mother, was to say there were no treatment options.  Comfort measures only were proposed and a palliative care referral was made.

COVID-19 vaccination with sedation: Instructing an expert

By Anna (with Celia Kitzinger), 10th August 2022 This is one of a long series of hearings about COVID-19 vaccination in which family members argue against vaccinating P but the judge makes a decision to vaccinate.   This hearing is a bit different from the others because the judge already made a decision that it was inContinue reading “COVID-19 vaccination with sedation: Instructing an expert”

“She is religious and she is a fighter”: Three perspectives on best interests decision-making in the Court of Protection from ‘Compassion in Dying’

By Jemma Woodley, Zach Moss and Upeka de Silva, 23rd June 2022 Editorial Note: The judgment has now been published: Imperial Healthcare NHS Trust v C & Ors [2022] EWCOP 28 We are three people who work for Compassion in Dying, a national charity that supports people to make their own decisions about end-of-life care inContinue reading ““She is religious and she is a fighter”: Three perspectives on best interests decision-making in the Court of Protection from ‘Compassion in Dying’”

Happy Second Birthday to the Open Justice Court of Protection Project

By Celia Kitzinger, Gill Loomes-Quinn, Claire Martin and Kirsty Stuart, 15th June 2022 It’s two years ago today since two of us (Celia and Gill) launched the Open Justice Court of Protection Project, at the beginning of the pandemic. It was born of our passionate belief that “publicity is the very soul of justice” atContinue reading “Happy Second Birthday to the Open Justice Court of Protection Project”

Making Disabled Lives Visible – Reflections Two Years On

By Gill Loomes-Quinn, 13th June 2022 One of the many challenging aspects of being disabled in our society is the isolation that comes from those around you being ignorant of, and failing to comprehend, the ways in which living with impairment(s) in a disabling society impact the life of a disabled person. My own experiencesContinue reading “Making Disabled Lives Visible – Reflections Two Years On”