Tag Archives: DJ Eldergill

Prohibitive Transparency Orders: Honest mistakes or weaponised incompetence? 

by Daniel Clark, 28th June 2024 I try not to see conspiracy behind the multiple transparency failures of the Court of Protection. The judicial system is busy and overstretched, and mistakes are (unfortunately) inevitable: links won’t be sent in time, listings won’t be always accurate, video links won’t always be set up. However, I mustContinue reading “Prohibitive Transparency Orders: Honest mistakes or weaponised incompetence? “

Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA

By Claire Martin, 2 June 2023 This was an application from the Office of the Public Guardian (OPG) for a declaration that P’s (purported) appointment of his wife and son as LPA and replacement LPA, respectively, for Property and Finance, was either not valid (because P lacked capacity to make the LPA) or should be revokedContinue reading “Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA”

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. 

Observing a s.21A hearing and the importance of correctly drafting a Lasting Power of Attorney

The overall tone of the meeting was very positive, non-adversarial and there seemed to be a large degree of agreement between the participants. The judge was very welcoming and the overall impression from everybody was wanting to do the right thing for P. 

Accessing a Court of Protection hearing as an observer: My experience

I hope that my experience will encourage other people to observe hearings, in the spirit of open justice. It was certainly a learning experience for me and I will definitely be observing more often. My experience  – at least of this one hearing – is that accessing a COP hearing is not that hard, once the process is navigated.