By Ahmed Hussain, 19 September 2023 This case concerns a young man who has recently turned 18. He is currently present on a paediatric ward despite having been ready for discharge back in August (about three weeks ago). This situation has arisen due to the lack of suitable placement options. Furthermore, he cannot live withContinue reading “Man on children’s ward due to no suitable placement”
Tag Archives: Human Rights
Evidence for Ministry of Justice Consultation on “Open Justice: The way forward”
By Celia Kitzinger, 10 September 2023 Drawing on my experience with the Open Justice Court of Protection Project – and with some helpful input from other core team members – I submitted my views about open justice to the Ministry of Justice consultation, just before the deadline at 11.59 on 7th September 2023. I’ve reproducedContinue reading “Evidence for Ministry of Justice Consultation on “Open Justice: The way forward””
Prolonging life or protracting death? An end-of-life decision by Hayden J
By Zach Moss and Jemma Woodley, 1st September 2023 At a hearing in the Royal Courts of Justice on 22nd-23rd August 2023, Mr Justice Hayden made the decision to withdraw treatment (dialysis and clinically assisted nutrition and hydration) from a man in his fifties who was in a coma following a stroke. There is, as yet,Continue reading “Prolonging life or protracting death? An end-of-life decision by Hayden J”
Withdrawing treatment from a pastor in a coma: Balancing religious beliefs and medical realities
By Rhiannon Snaith, 30th August 2023 An evangelical preacher in his fifties (KT) had a stroke in February 2022. He underwent emergency surgery but has sustained significant brain damage and never regained consciousness. He is currently in hospital, in a coma and also has end-stage kidney failure and Type 2 diabetes. The Trust was seekingContinue reading “Withdrawing treatment from a pastor in a coma: Balancing religious beliefs and medical realities”
Closed Material Proceedings: A ‘forced marriage’ hearing before Theis J
By Celia Kitzinger, 23 August 2023 The hearing (COP 13907545 on 27 July 2023) concerns a young woman in her twenties (M) who has a mild learning disability and can also experience anxiety, depression and impulsivity. She needs 24-hour support to provide assistance with personal care, nutrition, medication and to allow her to access the community safely. Continue reading “Closed Material Proceedings: A ‘forced marriage’ hearing before Theis J”
A s.21A challenge for a ‘restricted’ patient: A “shocking” delay
By Febienne Green (with Celia Kitzinger), 8th August 2023 On Wednesday, 5th July 2023, I watched a hearing (COP 13627234) before Mrs Justice Theis, Vice President of the Court of Protection, sitting at the Royal Courts of Justice via MS Teams. The case was a s.21A challenge to a standard authorisation depriving Mr N of hisContinue reading “A s.21A challenge for a ‘restricted’ patient: A “shocking” delay”
Adjournment and interim judgment – Hayden J’s fact-finding hearing
By Celia Kitzinger, 4 August 2023 Editorial note: For background information about this case click on the titles of these two blog posts: (1) : “Fact-finding hearing: Little short of outright war” (which has links to previous judgments) and (2) “A judicial embargo and our decision to postpone“. Note that we will now delay publication of our multi-authored blogs aboutContinue reading “Adjournment and interim judgment – Hayden J’s fact-finding hearing”
Coma and treatment withdrawal: An unusual case
By Rhiannon Snaith, 2nd August 2023 Note: The judgment has been published here: Re IN (Withdrawal of CANH) [2023] EWCOP 32 This case (COP 14094683, before Mr Justice Poole) was heard in the Royal Courts of Justice on Friday 21 July 2023. The hearing was listed as a ‘hybrid’ hearing which meant that people couldContinue reading “Coma and treatment withdrawal: An unusual case”
Restricting family contact, and family ‘abuse’ of staff: An adversarial Court of Protection hearing
By Claire Martin, 11th July 2023 One of the most draconian decisions the Court of Protection can make is to restrict contact between people who love each other and want to be together. That was the issue in this hearing. The Health Board was seeking urgent court authorisation for an extension to an order restricting contactContinue reading “Restricting family contact, and family ‘abuse’ of staff: An adversarial Court of Protection hearing”
‘What God has put together, let no man put asunder’: A s.21A challenge and the limits of Power of Attorney
By Celia Kitzinger, 3rd July 2023 The words “What God has put together, let no man put asunder” are from the Bible (Matthew 19:6). It means that marriage is a holy thing and humans should not break a marriage apart. The deeply religious man who uttered these words in court was powerfully expressing his dismayContinue reading “‘What God has put together, let no man put asunder’: A s.21A challenge and the limits of Power of Attorney”
Promoting Open Justice in the Court of Protection 