The reality is that they are likely to experience ongoing and significant state intervention with potentially daily visits from carers, fortnightly visits from health and social care practitioners, medical and hospital appointments etc. While living at home with her mother has been what A has been asking for all along, and the court has determined that it is in her best interests to do so, it may not feel like the least intrusive option given the level of scrutiny and stress they will be exposed to
Tag Archives: Mental Capacity
A is back home and taking her medication voluntarily: The final hearing in Re A (Covert Medication: Closed Proceedings)
By Claire Martin, 23rd October 2024 Editorial note: Another observer (Meg Niven Withers, a social worker) also watched this same hearing and has blogged separately here: Moving forward in Re A (Covert Medication: Closed Proceedings): A social work perspective The case (Re: A) has been in the Court of Protection since 2018 and we’ve been following itContinue reading “A is back home and taking her medication voluntarily: The final hearing in Re A (Covert Medication: Closed Proceedings)”
Elucidating the meaning of deprivation of liberty orders: HHJ Burrows and local authority at cross-purposes on DOLS and care plans
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”
A Puzzling Application, Breach of Court Orders and Draconian Restrictions
By Hita Jadeja, 9th October 2024 This case concerns a young lady (P) with diagnoses of ADHD and Autism Spectrum disorder and with a history of self-harm. She is currently in a rehabilitation placement following treatment at a mental health hospital. HHJ Burrows heard the matter (COP 14216532) remotely via MS Team, on 9 September 2024Continue reading “A Puzzling Application, Breach of Court Orders and Draconian Restrictions”
When parties don’t appear in court and judge goes ahead anyway: Appointing a professional deputy
By Georgina Baidoun, 4th October 2024 At 10.30am on 25 September 2024 I watched a hearing before DJ Ellington at First Avenue House, listed as below. Although listed as ‘in-person attended’, as with several other recent hearings, I had no difficulty in obtaining a link to observe remotely. It was a directions hearing concerning theContinue reading “When parties don’t appear in court and judge goes ahead anyway: Appointing a professional deputy”
Closed hearings, safeguarding concerns, and financial interests v. best interests
By Daniel Clark, 2nd October 2024 The protected party in this case, “B”, is a thirty-year-old woman who, according to Counsel for her mother, has until recently been a “happy, well balanced, sociable person”. She enjoys spending time with her family and, until 2024, had been living with her mother at home. This case (COP 14116349)Continue reading “Closed hearings, safeguarding concerns, and financial interests v. best interests”
Why can’t a 91-year old return home to her son?
By Celia Kitzinger and Kim Dodd, 30th September 2024 Now with updating PostScript, 13th December 2024 We both watched this hearing (COP 20000918) on 30 September 2024 before HHJ Robertshaw in Bristol concerning a 91-year-old lady (P) who has been deprived of her liberty in hospital for several months, as a “social admission” (i.e. there’sContinue reading “Why can’t a 91-year old return home to her son? “
Judgment: An update to “A Catch 22 situation for P or Hobson’s Choice?” (and how access to court documents helps transparency and open justice)
By Amanda Hill, 24th September 2024 I’ve now been sent the (as yet unpublished) judgment in the case of “London Borough of Lambeth v CT & North Central London ICB” (issued 21 August 2024, additions made on 4 September 2024). This is the case I observed and blogged about last month: “A “Catch 22” situation for P or Hobson’s Choice? Disagreement amongContinue reading “Judgment: An update to “A Catch 22 situation for P or Hobson’s Choice?” (and how access to court documents helps transparency and open justice)”
A “Catch 22” situation for P or Hobson’s Choice? Disagreement among professionals as to whether P has capacity and a finely balanced decision for the judge
By Amanda Hill, 30th August 2024 “I want to get on with my life”. At the heart of this hearing (COP 14251478 on 20th August 2024) is P, a man who looks to be in his late 60s or early 70s. He attended remotely by video link from a psychiatric hospital and was present for most ofContinue reading “A “Catch 22” situation for P or Hobson’s Choice? Disagreement among professionals as to whether P has capacity and a finely balanced decision for the judge “
Capacity, Relaxing of Restrictions, and a Happy P!
By Hita Jadeja, 28th August 2024 I observed a hearing on 24th July 2024 (COP 13879770) before His Honour Judge Whybrow who was sitting remotely (via Cloud Video Platform [CVP]) as a nominated Court of Protection judge at the County Court and Family Court at Kingston upon Hull. The protected party (P) in this caseContinue reading “Capacity, Relaxing of Restrictions, and a Happy P!”
Promoting Open Justice in the Court of Protection 