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 – disputed – dementia diagnosis) considers that sheContinue reading “When two legal teams turn up in court to represent P: Disputed capacity to conduct proceedings”
Tag Archives: Human Rights
‘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”
Can a judge discharge a Deputy without determination of wrong-doing? Statutory interpretation in action
By Celia Kitzinger, 12th January 2024 UPDATE: The mother/Deputy in this case appealed against the decision to a more senior judge (Mrs Justice Theis, Vice President of the Court of Protection). She lost the appeal. The reasons are set out in this judgment: CL v Swansea Bay University Health Board & Ors I chose toContinue reading “Can a judge discharge a Deputy without determination of wrong-doing? Statutory interpretation in action”
Older lady “very sorely let down” by local authority with “multiple failings”
By Daniel Clark, 17 December 2023 The person at the centre of this case (COP 14072451) is an 84-year-old lady, currently deprived of her liberty in a nursing home. She is unhappy with the situation and is objecting to her placement there – which has led to an application under s21a of the Mental Capacity ActContinue reading “Older lady “very sorely let down” by local authority with “multiple failings””
Mastectomy against her wishes, family concerns and a Trust penalised for delay
By Celia Kitzinger, 11 December 2023 The woman at the centre of this case (GH) is 52 years old. She’s was diagnosed with breast cancer back in March 2023, but she doesn’t believe she has breast cancer and is refusing all treatment for it. She has a diagnosis of schizoaffective disorder. I missed the beginning of the hearing,Continue reading “Mastectomy against her wishes, family concerns and a Trust penalised for delay”
British Sign Language, Capacity, and Transparency
By Celia Kitzinger, 5th December 2023 Matters exercising the judge in this hearing, on Tuesday 5th December 2023, were: This is the second hearing I’ve observed in this case (COP 12446297 before HHJ Godwin). I blogged about the previous hearing, in May 2023, here: P loses bungalow option due to assessment delays – and described it as “a thoroughly depressing hearing”. At this hearingContinue reading “British Sign Language, Capacity, and Transparency”
Still no exit plan and “we are some way away from the ideal scenario”: Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44
By Celia Kitzinger, 12th November 2023 Update: On 20th March 2024, the judge declared that it was in A’s best interests to return home, whether or not she voluntarily agreed to take the medications prescribed for her (hormone treatment for her Primary Ovarian Insufficiency). See A, Re (Covert Medication: Residence) [2024] EWCOP 19. This judgment is beingContinue reading “Still no exit plan and “we are some way away from the ideal scenario”: Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44″
Promoting Open Justice in the Court of Protection 