By Celia Kitzinger, 14th August 2025 A mother who refused to obey court orders was sentenced to 28 days in prison, and her pre-teenage daughter was to be taken into foster care, in a case I watched in the Family Court on 11th August 2025. The judge, Mrs Justice Lieven, ordered the local authority toContinue reading “Sentencing in contempt proceedings: Punishment and coercion in a case before Lieven J”
Tag Archives: Legal Practice
The problem with Motability Hire Agreements: A Deputy’s concerns in the COP
By Amanda Hill, 11th August 2025 Update 30th September 2025: The OPG have now issued a press statement summarising what deputies should do and an address to contact Motability. You can read about it here: Update 2nd September 2025: I’ve now received a copy of the approved order for this hearing so I’ve added aContinue reading “The problem with Motability Hire Agreements: A Deputy’s concerns in the COP”
A court hearing and 23 visits from 16 officials: Family doubt that ‘Deprivation of liberty’ is working in the public interest
By Sandra and Joe Preston, 7th August 2025 In February 2025, we found ourselves stepping into the Court of Protection for the very first time, as relatives of a Protected Party (P). We returned there in June for the second and final hearing, and although we came away with a positive outcome, it had takenContinue reading “A court hearing and 23 visits from 16 officials: Family doubt that ‘Deprivation of liberty’ is working in the public interest “
Balancing patient welfare and procedural fairness: Withdrawal of ventilation before Hayden J
By Celia Kitzinger, 4th August 2025 The case, COP 20018026, before Mr Justice Hayden on 22nd and 23rd July 2025, appeared in the Royal Courts of Justice Daily Cause list as concerning “serious medical treatment”[1]. In an opening summary[2], counsel for the applicant explained that the case was about a man in his sixties who’dContinue reading “Balancing patient welfare and procedural fairness: Withdrawal of ventilation before Hayden J”
“Perhaps the most contentious matter is the question of his social media and internet access.” But who is the decision-maker?
By Daniel Clark, Eleanor Tallon, and Heather Walton, 24th July 2025 “The case concerns a young autistic man residing in a supported living setting, and proceedings have been ongoing. The real issues between the parties, as I understood them, are in relation to his care and support and whether the current package is appropriate. PerhapsContinue reading ““Perhaps the most contentious matter is the question of his social media and internet access.” But who is the decision-maker?”
I’m finally free to say I’m a family member of a P: Does it have to be so hard to change a Transparency Order?
By Amanda Hill, 22nd July 2025 I went to a friend’s 60th birthday party last weekend. Jane has a lot of friends from different walks of life and encouraged us to meet new people. When guests arrived, not only did we have badges with our names on, we were also given a list of twoContinue reading “I’m finally free to say I’m a family member of a P: Does it have to be so hard to change a Transparency Order?”
Navigating engagement in capacity assessment
By Daniel Holt, 2nd July 2025 The case I observed in person before District Judge Clarke sitting at First Avenue House on 9th June 2025 (COP 20015914) was brought by the London Borough of Lewisham (the “LA”) and concerned a deaf adult with a mild learning disability (“P”), who was represented by the Official SolicitorContinue reading “Navigating engagement in capacity assessment”
Strongly held beliefs do not equate to lack of litigation capacity: Judgment concerning Luba Macpherson’s appeal against committal to prison
By Amanda Hill, 24th June 2024 “But in America, in my home, they are persecuting people for using their right to free speech and voicing their dissent. This is happening now.” (Bruce Springsteen, during his concert at Lille, Saturday 24 May 2025[1]) As well as saying people are persecuted for using their right to freeContinue reading “Strongly held beliefs do not equate to lack of litigation capacity: Judgment concerning Luba Macpherson’s appeal against committal to prison”
“Does that mean I am off the hook?”: A successful s21a Deprivation of Liberty Challenge
By Claire Martin, 23rd June 2025 I had some unexpected time on Monday 16th June 2025, so I had a look at the listings the night before, and this one caught my eye because it said ‘FINAL HEARING’, so I knew that the judge’s determination on the matters listed (‘capacity and best interests’) was likelyContinue reading ““Does that mean I am off the hook?”: A successful s21a Deprivation of Liberty Challenge”
Open Justice Court of Protection Project is five years old today
By the Core Team of the Open Justice COP Project (Celia Kitzinger, Gill Loomes-Quinn, Daniel Clark, Amanda Hill and Claire Martin), 15th June 2025 It was launched – with no funding and no clear plan about what we were going to do beyond observing a few hearings and writing some blog posts – on 15th JuneContinue reading “Open Justice Court of Protection Project is five years old today”
Promoting Open Justice in the Court of Protection 