At first sight, this appeared to be a straightforward example of the post-AGNI legal framework in practice. The applicant local authority invited the court to discharge the COPDOL order. But there was a complication. The P in this case is a “restricted patient”, living in the community under “conditional discharge”.
Tag Archives: Legal Practice
“What your mother wants and what is best for P may not be the same thing”: Judge seeks family engagement and clarification of immigration status
I hope that the practical plan put in place by DJ Clarke will enable the family and professionals to collaborate effectively and ensure that the Official Solicitor can obtain P’s wishes and feelings. Ultimately, the decisions being made are about P’s life, and his voice must be at the centre of those decisions.
The ‘fit for discharge’ story continues: 10 months on
In April 2025, a woman with diagnoses of mild learning disability, emotionally unstable personality disorder, functional neurological disorder, dissociative disorder and elective mutism, was admitted to hospital. In September 2025, she had surgery and was soon afterwards declared medically fit to leave. But the discharge did not happen. Instead, the case became mired in the unresolved practicalities of getting her home resulting in a series of increasingly urgent Court of Protection hearings.
From Cheshire West to AGNI: Rebalancing Protection, Autonomy and Human Rights
One positive consequence of the AGNI judgment may be that it encourages professionals to refocus on their own responsibilities under the Mental Capacity Act. By reducing the number of cases that require formal deprivation of liberty authorisation, there is an opportunity for practitioners to develop greater confidence in undertaking capacity assessments, making best interests decisions and applying the Act in day-to-day practice.
Judge authorises medical treatment and DOLS in hospital following AGNI
In the end, despite having watched the hearing and heard the oral judgment, I don’t know why this judge made the decision she did about deprivation of liberty in this case – which pretty much defeats the purpose of observing a hearing in the first place.
Declaration of death or serious medical treatment withdrawal?
The key question in this case, which will be back in court on 2nd July 2026, is whether or not a man in his 40s, who had an out-of-hospital cardiac arrest about a month ago) is now “brain stem dead”.
Iatrogenic harm and the Court of Protection
Court proceedings can cause unintended harm to the person at the centre of the case (“P”) as well as to P’s family, and to P’s wider support network….
A statement on the Court of Appeal’s judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements)
By the core team of the Open Justice Court of Protection Project, 9th June 2026 On 21 May 2026, the Court of Appeal handed down judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements [2026] EWCA Civ 640. This was an appeal against the decision of Poole J in Re AB (Disclosure of Position Statements) [2025]Continue reading “A statement on the Court of Appeal’s judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements)”
Anorexia, declaratory protection and the Mental Health Act: Ventilating a jurisdictional question following Townsend
Given the likelihood of an upcoming Supreme Court hearing, it may be that Townsend provides a very slender thread on which to base the Trust’s argument – or indeed, on which to delay determination of P’s best interests by first detouring down what might turn out to be a jurisdictional cul-de-sac over the next six weeks.
Judge refuses to make Civil Restraint Order against P’s father
By Celia Kitzinger, 30th March 2026 A Court of Protection judge has refused an application from South Tyneside Council to make a Civil Restraint Order (CRO) against the father of a young autistic man living in supported accommodation. I observed the hearing (COP 14075351) before Mr Justice Poole sitting in person in the Royal CourtsContinue reading “Judge refuses to make Civil Restraint Order against P’s father”
Promoting Open Justice in the Court of Protection 