By Celia Kitzinger, 25th March 2024 It was listed as a committal hearing – an application by Barnsley Metropolitan Borough Council to send “DB” to prison. It caught my eye because it wasn’t listed the way committal hearings are normally supposed to be. The Practice Direction for Committal for Contempt of Court specifies that the name ofContinue reading “Committal hearing: Struck out and dismissed for procedural defects”
Tag Archives: Legal Practice
A newly addicted observer’s reflections
By ‘Jean Louise’ (daughter of a current P), 24th March 2024 (with new postscript dded 14th April 2025) I found the Open Justice Court of Protection Project’s website a few weeks ago due to an issue in my own family, the details of which I hope to share in due course, transparency orders allowing. JuryContinue reading “A newly addicted observer’s reflections”
When two legal teams turn up in court to represent P: Disputed capacity to conduct proceedings
By Celia Kitzinger, 18 March 2024 “The first thing I need to decide,” says the judge, “is who is acting for Mrs P”. It turns out there’s a difficulty. Two legal team have turned up in court, both purporting to represent the protected party. Mrs P (who has a – disputed – dementia diagnosis) considers that sheContinue reading “When two legal teams turn up in court to represent P: Disputed capacity to conduct proceedings”
‘The point is this – she is scared and vulnerable’: Judge about Laura Wareham
By Claire Martin, 17 March 2024 There has been a series of hearings concerning Laura Wareham. I observed a previous hearing in June 2023, and blogged about it here. At that hearing, the Health Board was seeking a 12-week cessation of all contact between Laura and her parents. In this blog, I have chosen to write aboutContinue reading “‘The point is this – she is scared and vulnerable’: Judge about Laura Wareham”
Forewarned is forearmed
By “Rose”, 15 March 2024 I am a potential future ‘P’ – a disabled woman who has a history of making unwise decisions about my physical health. From the moment a potential application to the Court of Protection was mentioned to me a few years ago I felt panic. My logical head understood why myContinue reading “Forewarned is forearmed”
US expert to assess whether COVID-19 vaccination is in P’s best interests
By Celia Kitzinger, 12th March 2024 He’s in his early 20s with a severe learning disability, having been born with partial Trisomy 13, meaning that he has an extra chromosome. He also has a congenital heart condition known as “Tetralogy of Fallot”. He lives at home with his mother who is his primary carer (though he alsoContinue reading “US expert to assess whether COVID-19 vaccination is in P’s best interests “
A rock and a hard place: Abortion decision for an incapacitous and conflicted P
By Celia Kitzinger, 10th March 2024 The judgment has now been published and is available here: Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP 17 The 35-year-old woman (NR) at the centre of this case (COP 14216100) is 22 weeks pregnant, and currently detained under s.3 of the Mental HealthContinue reading “A rock and a hard place: Abortion decision for an incapacitous and conflicted P”
Life-Sustaining Treatment applications: Hayden J confirms guidance in Re EUP
By Hita Jadeja, 7th March 2024 I am a solicitor with a background in commercial dispute resolution and inhouse advisory work. I have developed a strong interest in the field of health and social care law, mental capacity and mental health law. My background in litigation is useful, but health and social care law, mental capacityContinue reading “Life-Sustaining Treatment applications: Hayden J confirms guidance in Re EUP”
A tribute to E: How anorexia and ‘Re E’ made me a Court of Protection lawyer
By Anonymous COP Lawyer, 3rd March 2024 (with commentary from barrister Pippa Pudney – keep scrolling down) In a recent blog post, Dr Ty Glover described his experiences working with anorexia nervosa patients, including ‘E’, whose prominent Court of Protection case in 2012 resulted in involuntary treatment being found to be in her best interests. ThisContinue reading “A tribute to E: How anorexia and ‘Re E’ made me a Court of Protection lawyer”
Inaudible in-person proceedings: A practical barrier to transparency and open justice
By Tim Sugden, 21st February 2024 It’s not open justice if you can’t hear what is being said in the courtroom. My experience is that this is a recurrent problem in magistrates’ courts – and now I’ve found the same problem in the Court of Protection as well. My experiences in magistrates’ courts with CourtwatchContinue reading “Inaudible in-person proceedings: A practical barrier to transparency and open justice”
Promoting Open Justice in the Court of Protection 