By Cliodhna Carroll, 8th May 2024 Editor’s note: You too can watch this hearing – it’s recorded and available on YouTube here: https://www.judiciary.uk/live-hearings/re-a-by-her-litigation-friend-the-official-solicitor/ On 30th April 2024, having cancelled my day due to a bad cold and looking like Rudolph the reindeer, I reached for my iPad to find something to entertain me and remembered thatContinue reading “A day in the Court of Appeal”
Tag Archives: Human Rights
“For now, it’s a ‘no'”: Court considers access to Grand Theft Auto
By Gill Loomes-Quinn, 28 April 2024 Grand Theft Auto – a series of action-adventure games – was at the centre of this hearing. The protected party (C ) doesn’t want restrictions on his liberty to play the video games – but is (his carers say) “unable to cope with the emotional impact” of them. Gaming “leadsContinue reading ““For now, it’s a ‘no’”: Court considers access to Grand Theft Auto”
Extraordinary restrictions – “family are the experts”
By Celia Kitzinger, 14th April 2024 In an earlier blog post (“Unusual restrictions” for a 17-year-old), Claire Martin reported feeling “very alarmed” by restrictions to which this young man is subject, in self-contained padded rooms, behind a locked door, with 4:1 supervision. The judge in that hearing, DJ Glassbrook, had said these were “extraordinary restrictions which requireContinue reading “Extraordinary restrictions – “family are the experts””
When P stops eating and drinking
By Ian Brownhill, 26th March 2024 This is not a blog about anorexia, withdrawal of artificial/clinically assisted feeding, nor is it a blog post about the ethics of voluntarily stopping eating and drinking (VSED). Rather, it is an attempt to explain the circumstances in which the Court of Protection might become involved in a caseContinue reading “When P stops eating and drinking”
When two legal teams turn up in court to represent P: Disputed capacity to conduct proceedings
By Celia Kitzinger, 18 March 2024 “The first thing I need to decide,” says the judge, “is who is acting for Mrs P”. It turns out there’s a difficulty. Two legal team have turned up in court, both purporting to represent the protected party. Mrs P (who has a dementia diagnosis) considers that she has capacity toContinue reading “When two legal teams turn up in court to represent P: Disputed capacity to conduct proceedings”
‘The point is this – she is scared and vulnerable’: Judge about Laura Wareham
By Claire Martin, 17 March 2024 There has been a series of hearings concerning Laura Wareham. I observed a previous hearing in June 2023, and blogged about it here. At that hearing, the Health Board was seeking a 12-week cessation of all contact between Laura and her parents. In this blog, I have chosen to write aboutContinue reading “‘The point is this – she is scared and vulnerable’: Judge about Laura Wareham”
Forewarned is forearmed
By “Rose”, 15 March 2024 I am a potential future ‘P’ – a disabled woman who has a history of making unwise decisions about my physical health. From the moment a potential application to the Court of Protection was mentioned to me a few years ago I felt panic. My logical head understood why myContinue reading “Forewarned is forearmed”
A rock and a hard place: Abortion decision for an incapacitous and conflicted P
By Celia Kitzinger, 10th March 2024 The judgment has now been published and is available here: Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP 17 The 35-year-old woman (NR) at the centre of this case (COP 14216100) is 22 weeks pregnant, and currently detained under s.3 of the Mental HealthContinue reading “A rock and a hard place: Abortion decision for an incapacitous and conflicted P”
Life-Sustaining Treatment applications: Hayden J confirms guidance in Re EUP
By Hita Jadeja, 7th March 2024 I am a solicitor with a background in commercial dispute resolution and inhouse advisory work. I have developed a strong interest in the field of health and social care law, mental capacity and mental health law. My background in litigation is useful, but health and social care law, mental capacityContinue reading “Life-Sustaining Treatment applications: Hayden J confirms guidance in Re EUP”
Committal and sentencing with a possibly incapacitous contemnor
By Celia Kitzinger, 28th February 2024 I’ve watched two committal hearings in this case and the progress of this case illustrates for me some of the challenges with committal hearings in the Court of Protection, even when the way they are conducted complies with the Practice Direction for “Committal for Contempt of Court”, which is designed toContinue reading “Committal and sentencing with a possibly incapacitous contemnor”
Promoting Open Justice in the Court of Protection 