Dental Clearance with Post Intensive Care Syndrome: A Compassionate Decision by Hayden J

This hearing arose because a hospital trust has applied for welfare orders under the Mental Capacity Act 2005 to permit them (i) to perform a full dental clearance on M in hospital under general anaesthetic, and (ii) to use a combination of chemical and physical restraint in order to manage M’s transfer to hospital.

Capacity to Engage in Sexual Relations: A forthcoming Supreme Court hearing

By Charlotte Roscoe and Celia Kitzinger, 9th July 2021 Editorial Note: This blog post concerns a case in the Supreme Court. The Open Justice Court of Protection Project normally covers only cases in the Court of Protection. We have made an exception in this case (as we have before, for cases in the Court ofContinue reading “Capacity to Engage in Sexual Relations: A forthcoming Supreme Court hearing”

Chaos in court and incompetent decision-making: Visual monitoring Part 2

By Claire Martin, 17th June 2021 This hearing, on 6th and 7th May 2021 before HHJ Howells at Wrexham County and Family Court (COP 13575520 Re: B) was the second hearing I’ve observed concerning “David” – a 39-year-old man with a severe learning disability, poorly controlled epilepsy and congenital cerebral palsy with right-sided hemiplegia.  At the previous hearing, onContinue reading “Chaos in court and incompetent decision-making: Visual monitoring Part 2”

Best interests decisions when P’s views and wishes cannot be determined

The issue at this hearing was (still) whether NW should remain in Dover House, which is what the CCG (who fund her care) argued, supported by the local authority, or whether she should return home, which is what her mother wants.  

Bringing Lucy home

Listening to this story of Lucy’s recent life, and her family’s efforts and persistence in caring for her, was quite shocking to hear – though not entirely surprising. There were so many things that were briefly mentioned, or alluded to in passing, that it was hard to take in all of the incidents and issues that have caused concern and rancour between the family and the Local Authority since Lucy left home. What was quite clear, though, was that things had become much worse over the past year or so, even before the pandemic. 

Visual Monitoring, Deprivation of Liberty and Human Rights

By Claire Martin, 6th March 2021 Inspired by the Open Justice Court of Protection Project, I have attended several Court of Protection hearings over the past 8 months (and blogged about some of them too).  As a psychologist working with older people in the NHS, I have found these observations valuable continuing professional development.  They are a great educationContinue reading “Visual Monitoring, Deprivation of Liberty and Human Rights”

A mother speaks out about the Court of Protection

By Celia Kitzinger, 3rd March 2021 There was a positive outcome to the hearing before Mrs Justice Lieven on Wednesday 27th January 2021.   After listening to evidence from the treating clinicians and an independent expert consultant in oncology, the Trust and the mother of “RB” (as he is called in the court documents) came to anContinue reading “A mother speaks out about the Court of Protection”

Observing Court Hearings – Valuable Training for Solicitors

“… Whilst it is important to read the Judgment afterwards, it is not the same as actually listening to the hearing as the Judgement does not go into detail of the questions and answers posed…”

Capacity and Death in the Court of Protection

“…The hearing I observed gave me faith in the system and makes me believe that if things ever got to the Court of Protection, his rights would be respected…”