reatment for patients who are unable to decide for themselves. In England and Wales, they haven’t, or only extremely rarely, been called as expert witnesses. Yet ethics is obviously central to the work of the Court of Protection. And if this hearing is anything to go by, if judges or barristers were willing to call on them, it seems that there could be a place for an ethicist in the courtroom.
By Thaddeus Mason Pope, 23rd June 2021 On Friday June 11 2021, I had the pleasure of watching The Honorable Mr. Justice Hayden deliver judgment in a Court of Protection case involving the withdrawal of life-sustaining treatment. I have been reading Court of Protection judgments for years and have even collected many on my website. But this was my firstContinue reading “Resolving End-of-Life Treatment Conflicts: Comparing the COP in England to Analogous Mechanisms in Ontario, California, and Texas”
By Jenny Kitzinger, 23rd June 2021 Hearings in the Court of Protection often bring crucial issues into sharp relief in a vivid, poignant and intellectually rigorous way. This was certainly so in the hearing I observed last week: Case No. 1375980T on 10 June 2021. It concerned GU, a 70-year-old man who sustained a severe anoxic brain injury in AprilContinue reading “Clinically-assisted nutrition and hydration: Decisions that cannot be ignored or delayed”
The hearing was about P, a young woman with Down’s Syndrome whose parents had divorced. From what I could make out, this was the case’s first appearance under a ‘Tier 3’ (High Court) judge, but the exact outcomes both parties wanted remained slightly unclear.
By Daniel Cloake, 10th June 2021 “It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard.’” So reads the infamous line from The Hitchhiker’s Guide to the Galaxy to justify the assertion that the all-important plans hadContinue reading “‘No Entry’ – Open Justice at the RCJ”
Emma Heron and Olwen Cockell, 21st May 2021 Editorial Introduction (Celia Kitzinger) Two relative novices to the Court of Protection had their first experience of a hearing before Mr Justice Hayden on 20thMay 2021. They record their impressions here. I also observed this hearing (COP 1275114): a s.21A challenge on behalf of a man in his 40s withContinue reading “First Impressions of Hayden J in the Court of Protection”
I really wasn’t sure which decision Mr Justice Hayden was going to make as I sat through the hearing. Details of all possible options were closely examined, especially the option of using a sedative which was discussed in some depth, so I was really quite relieved when he delivered the judgment and I absolutely agree with his decision and with the reasoning behind it.
By Jasmine Thomson, 28th April 2021 I am a first-year social work student at Bournemouth University. I was lucky enough to hear about the Open Justice Court of Protection Project through one of our lecturers and was immediately intrigued. So, I arranged to observe a hearing as soon as I could. The hearing I observedContinue reading “A best interests decision about contraception and residence”
Listening to this story of Lucy’s recent life, and her family’s efforts and persistence in caring for her, was quite shocking to hear – though not entirely surprising. There were so many things that were briefly mentioned, or alluded to in passing, that it was hard to take in all of the incidents and issues that have caused concern and rancour between the family and the Local Authority since Lucy left home. What was quite clear, though, was that things had become much worse over the past year or so, even before the pandemic.
By Evie Robson, 9th April 2021 Everyone is suffering as a result of the pandemic. Mr Justice Hayden described it as ‘a pandemic in which fundamental rights and liberties are at every corner curbed’. The ‘right to family life’ (Article 8 of the Human Rights Act) has been one of the most painful casualties of theContinue reading “Right to Family Life in a Care Home during a Pandemic: Michelle Davies part 2”