It was fascinating to to be able to ‘eavesdrop’ on the practical and legal dilemmas created by this situation as it unfolded in real time. … to appreciate how decisions emerge in response to changing events on the ground, and how competing arguments are advanced (often fervently) by people committed to P’s best interests but with different perspectives on how P’s best interests should be served
Tag Archives: HHJ Burrows
P has capacity to decide to leave hospital – but there’s nowhere for him to go: Untangling capacity, “being on a DOLS”, and the care plan
By Amanda Hill, 24th February 2025 P, the protected party in this case, is a young man in his twenties, with an acquired brain injury and a spinal injury that has caused paraplegia. He’s been in hospital since October 2024 but has been medically fit for discharge for some months. There’s an earlier blog post here: Detention in hospital, capacity and treatment:Continue reading “P has capacity to decide to leave hospital – but there’s nowhere for him to go: Untangling capacity, “being on a DOLS”, and the care plan”
Elucidating the meaning of deprivation of liberty orders: HHJ Burrows and local authority at cross-purposes on DOLS and care plans
By Celia Kitzinger, 10th October 2024 Update: The judgment has now been published (click on the link in the title of the case): Bury Metropolitan Borough Council v EM & Ors [2024] EWCOP 76 (T2). The judge refers to the protected party as “Emma” in that judgment, so I’ve amended this blog to reflect that.Continue reading “Elucidating the meaning of deprivation of liberty orders: HHJ Burrows and local authority at cross-purposes on DOLS and care plans”
A Puzzling Application, Breach of Court Orders and Draconian Restrictions
By Hita Jadeja, 9th October 2024 This case concerns a young lady (P) with diagnoses of ADHD and Autism Spectrum disorder and with a history of self-harm. She is currently in a rehabilitation placement following treatment at a mental health hospital. HHJ Burrows heard the matter (COP 14216532) remotely via MS Team, on 9 September 2024Continue reading “A Puzzling Application, Breach of Court Orders and Draconian Restrictions”
Capacity and sexual relationships – an ongoing challenge and some cautionary notes
Ruby Reed-Berendt and Beverley Clough, 13 May 2024 This blog is a summary of a recent article published in the International Journal of Law and Psychiatry, as part of a special issue on mental health and borders. You can read the article in full here. Peter (not his real name) is nearly 20 years old andContinue reading “Capacity and sexual relationships – an ongoing challenge and some cautionary notes”
Open justice fails again: This hearing wasn’t publicly listed – then the judge denied us remote access, and never sent the approved order
By Celia Kitzinger, 12 May 2024 Last week, Mr Justice Nicklin was announced as the chair of the judiciary’s new transparency and open justice board. He gave a speech welcoming “a new breed of court reporters” – and the “hugely valuable contribution” made by members of the public who tweet or blog from court. It’s lovely to feel “seen” and valued likeContinue reading ” Open justice fails again: This hearing wasn’t publicly listed – then the judge denied us remote access, and never sent the approved order “
Moving towards transition from children’s to adult services
By Claire Martin, 14 September 2023 John (not his real name) is 17 and will be 18 in three months’ time. He used to live with his adoptive mother but (since 2021) has been living in a Gateshead Local Authority placement where he is supervised 2:1 by carers. I didn’t find out anything about John’sContinue reading “Moving towards transition from children’s to adult services”
Where shall P live?
This is a woman who led walking groups for much of her adult life, loved the outdoors, loves gardening and has found great- what in modern parlance we’d call ‘well-being’ in those things, but really they are things she enjoys doing and has found in them great joy and solace.
Promoting Open Justice in the Court of Protection 