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””
Tag Archives: Human Rights
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 – disputed – dementia diagnosis) considers that sheContinue 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”
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”
Promoting Open Justice in the Court of Protection 