By Celia Kitzinger, 10th October 2024 Update: The judgment has now been published (click on the link in the title of the case): Bury Metropolitan Borough Council v EM & Ors [2024] EWCOP 76 (T2). The judge refers to the protected party as “Emma” in that judgment, so I’ve amended this blog to reflect that.Continue reading “Elucidating the meaning of deprivation of liberty orders: HHJ Burrows and local authority at cross-purposes on DOLS and care plans”
Tag Archives: Legal Practice
Can a Turkish Guardianship Order be recognised in England and Wales?
By Daniel Clark, 29 September 2024 This case began as an urgent application to the Court of Protection in August 2023. It wasn’t until May 2024 that it came before a judge. In August 2023, XY (who resides in Turkey) was visiting the UK with her brother, CD. She has done this many times but,Continue reading “Can a Turkish Guardianship Order be recognised in England and Wales? “
What to do if the Transparency Order prevents you from naming a public body
By Celia Kitzinger, 27th August 2024 It’s probably safe to assume – unless you’re told otherwise – that if a Transparency Order prevents you from naming a public body, it’s a mistake. That’s been true of the vast majority of cases we’ve encountered. But even when it’s a mistake, if it’s in a court Order,Continue reading “What to do if the Transparency Order prevents you from naming a public body”
Prohibition on identifying Public Guardian is “mistake not conspiracy”, says Judge
By Celia Kitzinger and Georgina Baidoun, 21st August 2024 (Updated 9th November after receiving response from HMCTS) On 1st February 2024 a member of the public, Georgina Baidoun, observed a hearing concerning an application by the Public Guardian to discharge an attorney. She was sent a Transparency Order prohibiting her from identifying “the OPG” (the Office of the PublicContinue reading “Prohibition on identifying Public Guardian is “mistake not conspiracy”, says Judge”
She wants to tell her Court of Protection story but will the court allow her?
By Amanda Hill, 6th August 2024 This is a blog about an application to change (“vary”) a Transparency Order, the order restricting what can be reported from a Court of Protection hearing. Unlike many other blog posts about applications to change Transparency Orders, the application this time isn’t from a member of the Open Justice Court ofContinue reading “She wants to tell her Court of Protection story but will the court allow her? “
Transparency requires free and timely public access to skeleton arguments in the Court of Appeal
By Celia Kitzinger, 28th July 2024 Why were members of the public asked to pay £626 to read skeleton arguments from a case in the Court of Appeal? Not me. I got them for free after I asked the lawyers, one of whom asked the judges during the course of the hearing whether I could haveContinue reading “Transparency requires free and timely public access to skeleton arguments in the Court of Appeal”
Anonymising P and his family in the courtroom: An unnecessary and unhelpful precaution
By Amanda Hill, 21st July 2024 This blog is about an all-remote hearing before a judge (HHJ Brown) who ruled – very unusually for a Court of Protection hearing – that no parties’ names should be used in the course of the hearing. She asked for the protected party (P) to be refered to with an initial all the time, rather than by his first name. SheContinue reading “Anonymising P and his family in the courtroom: An unnecessary and unhelpful precaution”
Court-authorised caesarean with chemical and physical restraint if required: A 14-minute final hearing
By Claire Martin and Nell Robson, 13th June 2024 This is a case we’ve blogged about before: “Caesarean: A directions hearing”. At that point, just under a week before, Deputy High Court Judge Victoria Butler-Cole KC, asked for a full-day final hearing to deal with an application for a court-authorised caesarean for a woman who (probably)Continue reading “Court-authorised caesarean with chemical and physical restraint if required: A 14-minute final hearing”
Irish cases in the Court of Protection
Jake Thorold & Chiara Cordone, 11th June 2024 Ordinarily, the Court of Protection is concerned with the personal welfare or property of people who are “habitually resident” (a term used in cases involving children and vulnerable adults) in England and Wales. On occasion, however, the Court is required to step outside of this comfort zoneContinue reading “Irish cases in the Court of Protection”
A private hearing before DJ Glassbrook
By Claire Martin, Celia Kitzinger, Peter C Bell and Kim Dodd, 22nd May 2024 A few months ago, we published an audit of “private” hearings – that is, hearings that appear as “private” in the lists on Courtel/CourtServe. What we found is that at least 50% of those “private” hearings had been wrongly listed as such. The judgeContinue reading “A private hearing before DJ Glassbrook”
