Capacity and sexual relationships – an ongoing challenge and some cautionary notes

Ruby Reed-Berendt and Beverley Clough, 13 May 2024 This blog is a summary of a recent article published in the International Journal of Law and Psychiatry, as part of a special issue on mental health and borders. You can read the article in full here.  Peter (not his real name) is nearly 20 years old andContinue reading “Capacity and sexual relationships – an ongoing challenge and some cautionary notes”

“For now, it’s a ‘no'”: Court considers access to Grand Theft Auto

By Gill Loomes-Quinn, 28 April 2024 Grand Theft Auto – a series of action-adventure games – was at the centre of this hearing.  The protected party (C ) doesn’t want restrictions on his liberty to play the video games – but is (his carers say) “unable to cope with the emotional impact” of them. Gaming “leadsContinue reading ““For now, it’s a ‘no’”: Court considers access to Grand Theft Auto”

“ I want to go home” – catching up with GNK 13 months later for the final hearing

By Celia Kitzinger, 27th March 2024 More than a year ago, back in November 2022, assistant psychologist Catalia Griffiths watched and then blogged about a (remote) hearing before Deputy District Judge Reeder concerning a woman in her 50s who was in hospital with Huntington’s disease.   The title of the blog post she wrote, reflects whatContinue reading ““ I want to go home” – catching up with GNK 13 months later for the final hearing”

‘The point is this – she is scared and vulnerable’: Judge about Laura Wareham

By Claire Martin, 17 March 2024  There has been a series of hearings concerning Laura Wareham.  I observed a previous hearing in June 2023, and blogged about it here. At that hearing, the Health Board was seeking a 12-week cessation of all contact between Laura and her parents.   In this blog, I have chosen to write aboutContinue reading “‘The point is this – she is scared and vulnerable’: Judge about Laura Wareham”

Forewarned is forearmed

By “Rose”, 15 March 2024 I am a potential future ‘P’ – a disabled woman who has a history of making unwise decisions about my physical health.  From the moment a potential application to the Court of Protection was mentioned to me a few years ago I felt panic. My logical head understood why myContinue reading “Forewarned is forearmed”

A rock and a hard place: Abortion decision for an incapacitous and conflicted P

By Celia Kitzinger, 10th March 2024 The judgment has now been published and is available here: Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP 17 The 35-year-old woman (NR) at the centre of this case (COP 14216100) is 22 weeks pregnant, and currently detained under s.3 of the Mental HealthContinue reading “A rock and a hard place: Abortion decision for an incapacitous and conflicted P”

“Private” Hearings: An Audit

By Celia Kitzinger, 1 February 2024 The vast majority of hearings in the Court of Protection are open to the public – but almost every day there are also hearings listed as “PRIVATE”.  My decision to take a closer look at “PRIVATE” hearings was made one Autumn day last year when I checked the listingsContinue reading ““Private” Hearings: An Audit”

Mastectomy against her wishes, family concerns and a Trust penalised for delay

By Celia Kitzinger, 11 December 2023 The woman at the centre of this case (GH) is 52 years old. She’s was diagnosed with breast cancer back in March 2023,  but she doesn’t believe she has breast cancer and is refusing all treatment for it. She has a diagnosis of schizoaffective disorder. I missed the beginning of the hearing,Continue reading “Mastectomy against her wishes, family concerns and a Trust penalised for delay”

British Sign Language, Capacity, and Transparency

By Celia Kitzinger, 5th December 2023 Matters exercising the judge in this hearing, on Tuesday 5th December 2023, were: This is the second hearing I’ve observed in this case (COP 12446297 before HHJ Godwin). I blogged about the previous hearing, in May 2023, here: P loses bungalow option due to assessment delays  – and described it as “a thoroughly depressing hearing”. At this hearingContinue reading “British Sign Language, Capacity, and Transparency”

The ‘voice’ of P in a s.21A hearing: Reflecting on lost opportunities

By Gill Loomes-Quinn, 24th November 2023 On the afternoon of Monday 6th November 2023, I observed a hearing before Deputy District Judge Weereratne, sitting (remotely) at First Avenue House in London, in the matter of Case No: 14157245 – MG (by her Litigation Friend, the Official Solicitor) v London Borough of Harrow.  Having emailed the courtContinue reading “The ‘voice’ of P in a s.21A hearing: Reflecting on lost opportunities”