Challenging Reporting Restrictions in the Court of Protection

“Something has plainly gone wrong in this case. The public, particularly the taxpayers who fund the local authority with responsibility for KB’s welfare, have a right to know the name of the local authority. In the real world, people won’t try to work out KB’s identity, they’ll moan about the council: and they should be able to do that. If the local authority isn’t named, residents can’t tweet their concerns; people can’t tell newspapers that they’ve also had issues; the local MP can’t ask questions; even the councillors on the local authority may not know that the local authority involved is their local authority: they certainly can’t debate the issue at a public meeting”

Should life-sustaining treatment be continued?

“Nine public observers attended (via MS Teams) an all-day hearing in the Court of Protection before Mr Justice Poole (COP 1353507, 30 October 2020) concerning whether or not life-sustaining treatment should be continued…”

Over-ruling P’s Strong Wishes in a Best Interests Decision: Autonomy, Protection and P’s voice

“…The position taken by the Official Solicitor (OS) meant that the Local Authority (the applicant), the NHS Trust (the second respondent) and the OS (the first respondent) all took exactly the same position – all opposed to P’s wishes. It felt very one-sided and as though nobody was arguing for what P wanted, except for P herself…”

Hunger Striking for his Identity: Autonomy, Capacity, and Justice

“…I hope Mr A’s hunger strike works to shame the Home Office into respecting his identity – but if it does not, I would like him to choose to live, if he can bear to. Not because he will have a happy future (although he may), and not for the sake of his parents (although they would rejoice in that decision) but because he has so much to contribute..”

Till death do us depart…

“I said when I married you… I said till death do us depart, I said and that’s the way I want it because at the end of the day we shouldn’t have other people interfering and stopping us from having that privilege and that’s what I’d like…”

Protection versus Autonomy and Pragmatism versus Principle: A Balancing Act in the Court of Protection

“This is an account of a Court of Protection hearing before Mr Justice Hayden in the case of Re ‘D’ on Friday 19th June 2020. In it I aim to provide an insight into the hearing itself, and — as someone with a keen interest in the law but no legal qualifications — what it was like to observe…”

Seven Perspectives on a Court of Protection hearing

“…Rather than separate blogs, some of us decided to write down our individual observations and put them together in a single blog post, not least because it illustrates the different perspectives people from a range of different backgrounds bring – and hence the diversity of things they “see” – when observing the same case…”