By Amanda Hill, 12th February 2026 I am the daughter of a protected party in the Court of Protection. I can say that because at a hearing in March 2025, HHJ Murch approved my application to vary the Transparency Order covering my mum’s case, so that I could be identified as a family member ofContinue reading “How to vary the duration of a Transparency Order from “until further order of the court” to “until the death of P”: My family’s Court of Protection story continued”
Tag Archives: Mental Capacity
“This cannot be allowed to carry on”: A non-compliance hearing with NHS Humber and North Yorkshire ICB
According to the OS, there had been “a disagreement between the parties” about whether or not the court ought to make that order in the first place (the ICB wanted instead to focus only on whether and how improvements could be made to JH’s current home) – so it rather looks as though the ICB has simply failed to comply with an order they don’t like.
P removed to residential care due to father’s non-compliance with orders for renal dialysis
P enjoys much of his life, his sports and his social time. His wishes and feelings are to live – but while living at home with his father he’s not been attending dialysis sessions regularly – despite a court order that his father must take him. Father remains in denial of the necessity for treatment and P’s high potassium levels could lead to early death.
Consultation with Health and Welfare Attorneys/Deputies: A ‘lacuna in the system’ exposed in Cwm Taf Morgannwg UHB v RW
In ignoring her role as decision-maker and failing to consult about treatment, the hospital displayed “a stark disregard for and misunderstanding of the Mental Capacity Act 2005” said the Health and Welfare Attorney.
Unfair judicial criticism of observers is bad for transparency
I’m not immune from criticism, here. What I thought were my reasonable efforts to get clarity about whether this hearing was going ahead, and then my further attempts to get the link, seem to have created problems for HMCTS staff. Those miscommunications and misunderstandings swirled around a judge who probably didn’t even have time for a cup of tea between hearings. It wasn’t my intention to exacerbate those stresses and, in future, I’ll just send any and all correspondence direct to the hub. That’s what I’ve learnt from this experience. I hope there’s some judicial learning from this experience, too.
Successful application to disapply Section 12(1) of the Administration of Justice Act: Making Polly’s statutory will application public
If Polly had been through her car crash and hospital treatment and recovered sufficiently to analyse and present what had happened to her, then we believe she would have told her own story publicly. The thought that a court reporting restriction would have left Polly beside herself with rage.
Suspended prison sentence for unrepresented defendant – who is “entitled to disagree but not to disobey”
“The court said what needed to be done. You disagreed. You’re entitled to disagree but you’re not entitled to disobey the court order which is what you’re alleged to have done.” (HHJ Burrows)
Sisters in dispute about how best to care for their mother
By Jenny Kitzinger, 11th January 2026 Caring for aging parents who have declining physical and mental capacity can lead to family conflict. There may be different understandings of what the parent wants or needs (and how to balance independence and risk) and different views on likely future deterioration. This can be compounded by disputes aboutContinue reading “Sisters in dispute about how best to care for their mother”
A deputyship application gone astray
What a mess! The Court of Protection seems here (from what the daughter said, not contested by the judge) to have actively worked against P’s best interests. It cannot possibly have been in his best interests have his bank account frozen for more than three years – when the money could almost certainly have been invested and gained better interest elsewhere and debts would have been paid.
Learning from five nonagenarians: Can we avoid becoming a “P” in the Court of Protection in our old age?
In a single month, I observed five hearings involving nonagenarians – people in their nineties. I can’t imagine that anyone would choose to be involved – or to have their family members involved – in Court of Protection proceedings as they approach the end of their life. I’m not sure, though, having considered these five cases carefully (and looked at others we’ve blogged about) that there’s much we can do to avoid it.
Promoting Open Justice in the Court of Protection 