There are probably constitutional and legal questions about this route to reviewing an earlier Supreme Court decision, but that’s not what interests me today. want to write about valid consent, because it’s a topic I’ve been thinking and writing about a lot since Cheshire West
Tag Archives: Disability Justice
Reconsidering Cheshire West in the Supreme Court: Is a gilded cage still a cage?
Even when P says they’re happy with their residence, and that they do not want to leave, and welcome the fact that the doors are kept locked, this still amounts to a deprivation of liberty. It is this element of deprivation of liberty that the Supreme Court will be considering in October 2025. The key question is whether a person can, in effect, “consent” to living arrangements that would otherwise constitute a “deprivation of liberty” through the expression of their wishes and feelings, irrespective of whether or not they have the mental capacity to consent to those arrangements.
Navigating engagement in capacity assessment
By Daniel Holt, 2nd July 2025 The case I observed in person before District Judge Clarke sitting at First Avenue House on 9th June 2025 (COP 20015914) was brought by the London Borough of Lewisham (the “LA”) and concerned a deaf adult with a mild learning disability (“P”), who was represented by the Official SolicitorContinue reading “Navigating engagement in capacity assessment”
Unsuccessful Application for Permission to Appeal
By Claire Martin, 19th May 2025 In May 2024, a year ago, Amanda Hill blogged about this case: “The protected party in this case (“L”) is a man in his twenties with “significant learning disability”, autism and complex physical disabilities. He had been living at home with a care package in place until July 2021, whenContinue reading “Unsuccessful Application for Permission to Appeal”
“I’m making these orders not for my own amusement, but for P”: Judge admonishes professionals over “disappointing” failures
I observed the judge’s surprise and exasperation at the lack of progress in HMB’s case as performing a function of delegitimising and ‘calling out’ the situation…. Hearing such disapproval from someone exercising the authority of the court (in open court) felt like a powerful counter to such tacit social legitimisation that I wish more of society could (or would) hear.
Public bodies argue about funding – Poole J feels like “a referee or go-between”
By Amanda Hill, with contribution from Tim Sugden, 5th March 2025 The protected person (“MH”) has been diagnosed with dementia and lives in a care home. This case (COP 14214860) began as a Section 21A appeal (a Deprivation of Liberty challenge) and was initially before a district judge before it turned into a case about serious medical treatment towards the end ofContinue reading “Public bodies argue about funding – Poole J feels like “a referee or go-between” “
Response to the Transparency and Open Justice Board proposed “key objectives”
By Celia Kitzinger, 3rd March 2025 The Transparency and Open Justice Board recently sought views on the Board’s proposed key objectives. The Board was created in April 2024 by the Lady Chief Justice, who said that it would “…set objectives for all Courts and Tribunals, focussing on timely and effective access in terms of listing, documents and publicContinue reading “Response to the Transparency and Open Justice Board proposed “key objectives””
A young man failed by NHS South West London ICB and the London Borough of Wandsworth
Working in the health service, I often hear families’ concerns or reasonable complaints framed as them being ‘anxious’ about their loved one’s care. I think it can be a manoeuvre to delegitimise their (often perfectly reasonable) concerns and belittle their status as a full participant. Conversely, I don’t hear the word ‘anxious’ being used about powerful professionals when they speak up or raise concerns.
A review of transparency and open justice in the Court of Protection
By Daniel Clark, 13th November 2024 Headlines in 2016 described the Court of Protection as a “most sinister” and “most secret” court. It ‘left a 94-year-old without savings or dignity’. Looking back from the perspective of 2024 at the early years of the Court of Protection (since its modern incarnation in 2007), it is clearContinue reading “A review of transparency and open justice in the Court of Protection”
Tony Hickmott: Not the happy ending everyone had hoped for
By Amanda Hill and Lucy Series, 24th October 2024 Hopes were high back in 2022. Tony Hickmott[1] who had spent 21 years in a secure Assessment and Treatment Unit (ATU), was finally moving back to his home town of Brighton, close to his parents, Pam and Roy. This was seen as a new beginning for Tony, who hasContinue reading “Tony Hickmott: Not the happy ending everyone had hoped for”
Promoting Open Justice in the Court of Protection 