By Eleanor Tallon, 3rd September 2024 Editorial Note: The judgment (making this hearing private) has now been published: Stockport MBC v NN & Anor [2024] EWCOP 51 (T1) I was not able to observe this hearing because the protected party, N, said she did not want an observer as “she doesn’t know who they are orContinue reading “Balancing open justice and P’s right to privacy: A protected party says NO to a public observer “and her voice shall be heard””
Tag Archives: Francis J
Restricting family contact, and family ‘abuse’ of staff: An adversarial Court of Protection hearing
By Claire Martin, 11th July 2023 One of the most draconian decisions the Court of Protection can make is to restrict contact between people who love each other and want to be together. That was the issue in this hearing. The Health Board was seeking urgent court authorisation for an extension to an order restricting contactContinue reading “Restricting family contact, and family ‘abuse’ of staff: An adversarial Court of Protection hearing”
Treatment escalation for a teenager in ICU
By Rhiannon Snaith, 16th March 2023 Editorial note 3: (added 30 April 2024) There is a Court of Appeal hearing on 1st and 2nd May 2024 – the parents (supported by Christian Concern) are challenging Mrs Justice Roberts’ finding that ST lacked capacity to litigate the case, and lacked capacity to make her own medicalContinue reading “Treatment escalation for a teenager in ICU”
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.
“Abusive” wife agrees to move out of “the matrimonial home” with continuing (albeit restricted) contact with P: An agreed order
By Bridget Penhale, 28th June 2022 After reading previous OJCOP blogs on the circumstances of this case (the most recent is here, and there are two earlier ones) I was keen to attend this hearing (COP 13861341 before Mr. Justice Francis) on Monday 27th June. It concerns a protected party (P) who has dementia and Parkinson’s Disease. According to theContinue reading ““Abusive” wife agrees to move out of “the matrimonial home” with continuing (albeit restricted) contact with P: An agreed order”
A short hearing and a failure to agree
Learning from the experiences of Litigants in Person and the difficulties they have navigating the legal system, in personal and emotive circumstances, is vital to supporting future Litigants in Person, particularly in light of reduced legal aid funding.
Fairness in court for a Litigant in Person
There’s an application for an injunction against P’s wife ordering her to move out of his house in two weeks’ time. This is because P would like to move back home (he’s currently in residential care) but she is alleged to have abused him.
Caesarean: An emergency hearing
More than anything, I hope for better advance planning for pregnant women with mental health challenges in the future, so that they can exercise their right to bodily autonomy (even if that means making decisions that others see as unwise or morally repugnant) and can have their wishes and feelings fully acknowledged and respected in best interests decisions made about them.
Promoting Open Justice in the Court of Protection 