By Celia Kitzinger, with Eleanor Tallon, 19 November 2023 Mrs King (a pseudonym) is the woman at the centre of this case. At 2pm, at the beginning of the hearing, she’s not in court. “We’ll just have to patiently wait, I’m afraid”, says the judge – and we do. It’s not until 2.30 that a carerContinue reading “Court cannot rely on remote capacity assessment”
Tag Archives: Disability Justice
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””
Judge concerned about “restraint regime” for learning-disabled man prohibits naming public body
By Celia Kitzinger, 29th October 2023 This is yet another case where a judge has signed off on reporting restrictions that prevent the naming of a public body, for reasons that are wholly unclear to me. Neither counsel nor the judge has – to my knowledge – suggested that identification of the local authority involvedContinue reading “Judge concerned about “restraint regime” for learning-disabled man prohibits naming public body”
Another case of s.21A delay (with a happy ending)
By John Harper, 27 October 2023 On Thursday 19 October 2023, I observed a remote hearing (COP 13627234) before Theis J, Vice President of the Court of Protection, sitting at the Royal Courts of Justice. An earlier hearing in the case was blogged here: “A s.21A challenge for a restricted patient: A ‘shocking’ delay”. TheContinue reading “Another case of s.21A delay (with a happy ending)”
Tampering with equipment or failings in care? A fact-finding hearing (Part 2)
By Amanda Hill (Anna), Pippa Arnold, John Harper, Gail Heslop, Ellen Lefley, Celia Kitzinger, Claire Martin, Tess Saunders and Ann Wilson (co-ordinated and curated with an introduction by Celia Kitzinger), 25 October 2023 Introductory Editorial Note This is the second collective blog post about a fact-finding hearing before Mr Justice Hayden, observed (in part) by more than 30Continue reading “Tampering with equipment or failings in care? A fact-finding hearing (Part 2)”
A ‘good news story’: Kidney dialysis trial for 17-year-old with learning disabilities
By Avaia Williams, 22 October 2023 Sana, a 17-year-old girl, is at the centre of this case. She has Joubert Syndrome, a rare genetic condition that leads to abnormal brain development. In Sana’s case, unfortunately, this has also led to her suffering with Stage 5 kidney failure, and, without haemodialysis, Sana will die within aContinue reading “A ‘good news story’: Kidney dialysis trial for 17-year-old with learning disabilities”
Tampering with equipment or failings in care? A fact-finding hearing (Part 1)
By Deborah Airey, Amanda Hill (Anna), Jordan Briggs, Nikki Bowsley, Febienne Green, John Harper, Daisy Long, Gill Loomes-Quinn, Claire Martin and Tom McBride (co-ordinated and curated with an introduction by Celia Kitzinger), 18 October 2023 Note: This blog post was ready to publish on 24 July 2023 but publication has been delayed until today because weContinue reading “Tampering with equipment or failings in care? A fact-finding hearing (Part 1)”
Evidence for Ministry of Justice Consultation on “Open Justice: The way forward”
By Celia Kitzinger, 10 September 2023 Drawing on my experience with the Open Justice Court of Protection Project – and with some helpful input from other core team members – I submitted my views about open justice to the Ministry of Justice consultation, just before the deadline at 11.59 on 7th September 2023. I’ve reproducedContinue reading “Evidence for Ministry of Justice Consultation on “Open Justice: The way forward””
Cancer investigations – with restraint authorised if required
By Celia Kitzinger, 16 July 2023 Mr D is in his fifties, and he’s currently in a psychiatric hospital, with a longstanding diagnosis of paranoid schizophrenia and a suspected mild learning disability. He’s lost a lot of weight recently, and blood tests show a range of inflammatory markers indicative of potential cancer. Doctors say heContinue reading “Cancer investigations – with restraint authorised if required”
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”
Promoting Open Justice in the Court of Protection 