Ruby Reed-Berendt and Bonnie Venter, 12 May 2023 To our knowledge, the Court of Protection has only once before grappled with the issue of capacity and organ donation in the context of learning disability: when it considered the case of William Verden last year. You can read the judgment in that earlier judgment here: Manchester UniversityContinue reading “The most complex of best interests: Organ donation, learning disability, and the options on the table”
Tag Archives: Disability Justice
A family at breaking point
By Celia Kitzinger, 23rd April 2023 This was a distressing hearing to watch because as it unfolded it became increasing clear that the parents were at breaking point in trying to care for their disabled daughter. The Official Solicitor was clearly pushing for more support for the family from the local authority – who seem to haveContinue reading “A family at breaking point”
Is she detainable under s.3 Mental Health Act? Two Trusts disagree and a placement is in jeopardy
By Celia Kitzinger, 13 February 2023 The teenager at the centre of this case had a traumatic childhood, involving neglect and abuse. She has “suicidal ideation” and a history of harming herself and other people. Until recently (for the last year or so) she was living in a secure children’s home. Counsel for the ICB (IntegratedContinue reading “Is she detainable under s.3 Mental Health Act? Two Trusts disagree and a placement is in jeopardy”
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), 29th January 2023 Editorial Note: The judgment has now been published: NHS Surrey Heartlands Integrated Care Board v JH [2023] EWCOP 2 Introduction (by Celia) There was an urgent Court of Protection hearing at the end of last year before Mr Justice Hayden. In this blogContinue 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 case (COP 12219141) is a bit different from the others because the judge already made a decision that itContinue reading “COVID-19 vaccination with sedation: Instructing an expert”
Promoting Open Justice in the Court of Protection 