By Amanda Hill, formerly ‘Anna’ , 7th December 2023 This has been a long and difficult case, blogged about recently here). I’ve not observed a hearing in this case before – but I’ve read a blog about the previous committal hearing here. In brief, at the previous committal hearing the judge determined that Mrs Liovbov Macpherson (Luba) hadContinue reading “Warrant for arrest of P’s mother”
Tag Archives: Mental Capacity
British Sign Language, Capacity, and Transparency
By Celia Kitzinger, 5th December 2023 Matters exercising the judge in this hearing, on Tuesday 5th December 2023, were: This is the second hearing I’ve observed in this case (COP 12446297 before HHJ Godwin). I blogged about the previous hearing, in May 2023, here: P loses bungalow option due to assessment delays – and described it as “a thoroughly depressing hearing”. At this hearingContinue reading “British Sign Language, Capacity, and Transparency”
Transferring P to a different hospital: No longer a best interests decision
By Rhiannon Snaith, 30 November 2023 Having read a blog post about a previous hearing in this case (‘Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents’), I was expecting it to be about whether or not it was in P’s best interests to have a feeding tube (re)inserted. AsContinue reading “Transferring P to a different hospital: No longer a best interests decision”
Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents
By Amy Dadarria and Celia Kitzinger, 30 November 2023 Editorial Note: Amy (a law student) and Celia (a non-legal public observer) both observed this hearing but only Celia was sent the parties’ position statements – and there was no opening summary. Amy’s blog contribution (below) was written on the basis of what she observed in courtContinue reading “Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents”
The ‘voice’ of P in a s.21A hearing: Reflecting on lost opportunities
By Gill Loomes-Quinn, 24th November 2023 On the afternoon of Monday 6th November 2023, I observed a hearing before Deputy District Judge Weereratne, sitting (remotely) at First Avenue House in London, in the matter of Case No: 14157245 – MG (by her Litigation Friend, the Official Solicitor) v London Borough of Harrow. Having emailed the courtContinue reading “The ‘voice’ of P in a s.21A hearing: Reflecting on lost opportunities”
Court cannot rely on remote capacity assessment
By Celia Kitzinger, with Eleanor Tallon, 19 November 2023 Mrs King (a pseudonym) is the woman at the centre of this case. At 2pm, at the beginning of the hearing, she’s not in court. “We’ll just have to patiently wait, I’m afraid”, says the judge – and we do. It’s not until 2.30 that a carerContinue reading “Court cannot rely on remote capacity assessment”
Back to square one in a complex case
By Daniel Clark, 14 November 2023 “At the moment I have no practical or viable options before me for the safe care and treatment of AB”. So said Mr Justice Keehan towards the end of this hearing, summing up the dire situation that the Court finds itself in. This case (COP 12953545) has a long history, someContinue reading “Back to square one in a complex case”
Still no exit plan and “we are some way away from the ideal scenario”: Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44
By Celia Kitzinger, 12th November 2023 Update: On 20th March 2024, the judge declared that it was in A’s best interests to return home, whether or not she voluntarily agreed to take the medications prescribed for her (hormone treatment for her Primary Ovarian Insufficiency). See A, Re (Covert Medication: Residence) [2024] EWCOP 19. This judgment is beingContinue reading “Still no exit plan and “we are some way away from the ideal scenario”: Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44″
Bournemouth, Christchurch and Poole Council named as “secret” body in restraint case
By Celia Kitzinger, 6th November 2023 I reported recently on a case in which both the judge and the family expressed concerns about the physical and chemical restraint of a learning-disabled autistic man (“Judge concerned about ‘restraint regime’ for learning-disabled man prohibits naming public body”). But I wasn’t allowed to name the responsible local authority. I am now allowed toContinue reading “Bournemouth, Christchurch and Poole Council named as “secret” body in restraint case”
Observing a Failed Re X hearing: “it sounds like ‘Cassie’ is being unlawfully deprived by contact restrictions”
By Eleanor Tallon, 31st October 2023 My previous blog post on ‘Failed Re X’ described the legal meaning of the term, and the processes whereby these cases get to court. This blog post follows up on that by reporting on a ‘Failed Re X’ hearing (COP 13266959) I observed on 9th October 2023 before District Judge Hart, sittingContinue reading “Observing a Failed Re X hearing: “it sounds like ‘Cassie’ is being unlawfully deprived by contact restrictions””
Promoting Open Justice in the Court of Protection 