By Daniel Clark, 24th November 2024 The words, “it’s a process that isn’t fair”, were uttered towards the end of the hearing on 21st November 2024 by Alison Harvey, counsel for the protected party’s mother in this case. It’s rare to hear barristers explicitly criticise the fairness of court proceedings – and in this case, I think sheContinue reading ““It is a process that isn’t fair”: Structural injustice in the Court of Protection”
Tag Archives: Keehan J
Closed hearings, safeguarding concerns, and financial interests v. best interests
By Daniel Clark, 2nd October 2024 The protected party in this case, “B”, is a thirty-year-old woman who, according to Counsel for her mother, has until recently been a “happy, well balanced, sociable person”. She enjoys spending time with her family and, until 2024, had been living with her mother at home. This case (COP 14116349)Continue reading “Closed hearings, safeguarding concerns, and financial interests v. best interests”
Prohibitive Transparency Orders: Honest mistakes or weaponised incompetence?
by Daniel Clark, 28th June 2024 I try not to see conspiracy behind the multiple transparency failures of the Court of Protection. The judicial system is busy and overstretched, and mistakes are (unfortunately) inevitable: links won’t be sent in time, listings won’t be always accurate, video links won’t always be set up. However, I mustContinue reading “Prohibitive Transparency Orders: Honest mistakes or weaponised incompetence? “
Two law students’ first observation of a COP hearing
By Kei Yong and Isabella Treston, 31 January 2023 As two students studying the Bar Practice Course and Masters of Law in Liverpool, we were given the opportunity to attend remote hearings in the Court of Protection as part of our Masters. Neither of us had previously attended or known a lot of information regardingContinue reading “Two law students’ first observation of a COP hearing”
Transferring P to a different hospital: No longer a best interests decision
By Rhiannon Snaith, 30 November 2023 Having read a blog post about a previous hearing in this case (‘Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents’), I was expecting it to be about whether or not it was in P’s best interests to have a feeding tube (re)inserted. AsContinue reading “Transferring P to a different hospital: No longer a best interests decision”
Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents
By Amy Dadarria and Celia Kitzinger, 30 November 2023 Editorial Note: Amy (a law student) and Celia (a non-legal public observer) both observed this hearing but only Celia was sent the parties’ position statements – and there was no opening summary. Amy’s blog contribution (below) was written on the basis of what she observed in courtContinue reading “Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents”
Back to square one in a complex case
By Daniel Clark, 14 November 2023 “At the moment I have no practical or viable options before me for the safe care and treatment of AB”. So said Mr Justice Keehan towards the end of this hearing, summing up the dire situation that the Court finds itself in. This case (COP 12953545) has a long history, someContinue reading “Back to square one in a complex case”
A court system creaking under its own weight: Transparency challenges
by Daniel Clark, 25th August 2023 Earlier this month (on Tuesday 16 August 2023), I was given an insight into the cracks spreading through the structure of the judicial system. This blog highlights those cracks, so that more people are aware of the pressure facing judges and, by extension, everybody else in the court system –Continue reading “A court system creaking under its own weight: Transparency challenges”
“I am very concerned … that the current situation is not tenable”: High-risk behaviour and questions about jurisdiction
by Daniel Clark, 22nd August 2023 The young woman (AB) at the centre of this case (COP 12953545) suffered a Traumatic Brain Injury following a Road Traffic Accident some years ago. She is engaging in high-risk behaviour, and the local authority is seeking an order from the Court that it is in her best interestsContinue reading ““I am very concerned … that the current situation is not tenable”: High-risk behaviour and questions about jurisdiction”
“Not at risk of life and limb”: Room to breathe in a complex case
By Daniel Clark, 20 August 2023 This case (COP 13043376) concerns Mr K, a gentleman with ulcers on both his legs, which he refuses to allow medical professionals to examine or treat. At a previous hearing, which law student George Palmer blogged about earlier (“Assessing and treating leg ulcers of a resistant patient“), Mr J McKendrickContinue reading ““Not at risk of life and limb”: Room to breathe in a complex case”
Promoting Open Justice in the Court of Protection 