By Eleanor Tallon, 10th October 2023 The words “Failed Re X” has appeared in Court of Protection lists recently – like the two reproduced below. ‘Re X’ is the term used to refer to the streamlined process through which the Court of Protection (CoP) can authorise a ‘Deprivation of Liberty’ (DoL), as established in theContinue reading “‘Failed Re X’: Deprivation of liberty and Re X (the streamlined process) – a social work perspective”
Tag Archives: Legal Practice
‘The horse has already bolted’: Transparency in a case of “brain-stem death”
By Celia Kitzinger, with Brian Farmer, 24 September 2023 On 9th July 2023, Andy Casey – then a healthy young man – was on a night out when he was assaulted in a pub garden. He was punched on the right side of his head and fell to the ground, with catastrophic injury to his brain. AnContinue reading “‘The horse has already bolted’: Transparency in a case of “brain-stem death””
Access challenges in the Family Court: On not being allowed to watch the Indi Gregory hearing
By Rhiannon Snaith, 20 September 2023 Indi Gregory is a six-month-old baby girl who has mitochondrial disease, a rare and incurable genetic condition that drains energy from the body’s cells. She also has a hole in her heart, and soon after her birth underwent operations on her bowel, and her brain to drain fluid. DespiteContinue reading “Access challenges in the Family Court: On not being allowed to watch the Indi Gregory hearing “
Who cares for P? “Pragmatic harmony” finally breaks out in court
By Hartej Singh Saund-Matharu, 19 September 2023 In my first observation of a Court of Protection (CoP) hearing – and first blog – I will take you through who I am and my interest in the Court of Protection, the background of the case my experience of the hearing, and my analysis/reflections of the outcomeContinue reading “Who cares for P? “Pragmatic harmony” finally breaks out in court”
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””
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”
“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”
Is he deprived of his liberty? (Plus a request to vary the reporting restrictions – again)
By Celia Kitzinger, 15 August 2023 This is an unusual s.21A challenge to the authorisation of Mr P’s deprivation of liberty. The only issue for determination is whether or not Mr P is actually “deprived of his liberty”. If he is, one of the key safeguards of DoLS is that he will continue to be entitledContinue reading “Is he deprived of his liberty? (Plus a request to vary the reporting restrictions – again)”
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”
Promoting Open Justice in the Court of Protection 