Tag Archives: Failed Re X

Two hats: Mother as Rule 1.2 representative and (now) litigation friend

By Celia Kitzinger, 11 April 2024 This was a short hearing about a long-running case[1] concerning a man in his twenties (MA) who has a learning disability and autism.  Following an unpublished judgment by Hayden J back in July 2021, MA lives at a placement where he is deprived of his liberty.  In July 2022, the localContinue reading “Two hats: Mother as Rule 1.2 representative and (now) litigation friend”

Judge declines to authorise a deprivation of liberty (for now)

by Daniel Clark, 11th March 2024 While Deprivation of Liberty Safeguards (DoLS) in a care home or hospital have little judicial oversight (unless someone appeals or the restrictions are particularly severe), a deprivation of liberty in the community is reviewed by a judge. These are often decided on the papers, in a streamlined procedure knownContinue reading “Judge declines to authorise a deprivation of liberty (for now)”

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””

‘Failed Re X’: Deprivation of liberty and Re X (the streamlined process) – a social work perspective

By Eleanor Tallon, 10th October 2023 The words “Failed Re X” has appeared in Court of Protection lists recently – like the two reproduced below.  ‘Re X’ is the term used to refer to the streamlined process through which the Court of Protection (CoP) can authorise a ‘Deprivation of Liberty’ (DoL), as established in theContinue reading “‘Failed Re X’: Deprivation of liberty and Re X (the streamlined process) – a social work perspective”