By Celia Kitzinger, 14th April 2024 In an earlier blog post (“Unusual restrictions” for a 17-year-old), Claire Martin reported feeling “very alarmed” by restrictions to which this young man is subject, in self-contained padded rooms, behind a locked door, with 4:1 supervision. The judge in that hearing, DJ Glassbrook, had said these were “extraordinary restrictions which requireContinue reading “Extraordinary restrictions – “family are the experts””
Tag Archives: Legal Practice
Family tragedy and institutional delay in best interests decisions about life-prolonging treatment
By Celia Kitzinger and Jenny Kitzinger, 9th April 2024 The judgment has subsequently been published here: NHS North Central London Integrated Care Board v PC & Ors [2024] EWCOP 31 (T3) In July 2020, a woman identified in the judgment as “PC”, collapsed at home with a cardiac arrest. This was totally unexpected: she was otherwise fit andContinue reading “Family tragedy and institutional delay in best interests decisions about life-prolonging treatment”
“The immediate steps in the aftermath of that judgment”: Increasing concerns, a TZ care plan, and judicial continuity
by Daniel Clark, 8th April 2024 In a recent published judgment, it was found that EE has capacity to make decisions about sex and contraception ([2024] EWCOP 5). Her decisions may possibly be unwise ones (she’s said she wants to have a baby) but as the judge put it “however strong is the impulse to protect, the folliesContinue reading ““The immediate steps in the aftermath of that judgment”: Increasing concerns, a TZ care plan, and judicial continuity”
When P stops eating and drinking
By Ian Brownhill, 26th March 2024 This is not a blog about anorexia, withdrawal of artificial/clinically assisted feeding, nor is it a blog post about the ethics of voluntarily stopping eating and drinking (VSED). Rather, it is an attempt to explain the circumstances in which the Court of Protection might become involved in a caseContinue reading “When P stops eating and drinking”
Committal hearing: Struck out and dismissed for procedural defects
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”
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 “
Promoting Open Justice in the Court of Protection 