By John Harper, 27 October 2023 On Thursday 19 October 2023, I observed a remote hearing (COP 13627234) before Theis J, Vice President of the Court of Protection, sitting at the Royal Courts of Justice. An earlier hearing in the case was blogged here: “A s.21A challenge for a restricted patient: A ‘shocking’ delay”. TheContinue reading “Another case of s.21A delay (with a happy ending)”
Tag Archives: Mental Capacity
Tampering with equipment or failings in care? A fact-finding hearing (Part 2)
By Amanda Hill (Anna), Pippa Arnold, John Harper, Gail Heslop, Ellen Lefley, Celia Kitzinger, Claire Martin, Tess Saunders and Ann Wilson (co-ordinated and curated with an introduction by Celia Kitzinger), 25 October 2023 Introductory Editorial Note This is the second collective blog post about a fact-finding hearing before Mr Justice Hayden, observed (in part) by more than 30Continue reading “Tampering with equipment or failings in care? A fact-finding hearing (Part 2)”
A ‘good news story’: Kidney dialysis trial for 17-year-old with learning disabilities
By Avaia Williams, 22 October 2023 Sana, a 17-year-old girl, is at the centre of this case. She has Joubert Syndrome, a rare genetic condition that leads to abnormal brain development. In Sana’s case, unfortunately, this has also led to her suffering with Stage 5 kidney failure, and, without haemodialysis, Sana will die within aContinue reading “A ‘good news story’: Kidney dialysis trial for 17-year-old with learning disabilities”
Tampering with equipment or failings in care? A fact-finding hearing (Part 1)
By Deborah Airey, Amanda Hill (Anna), Jordan Briggs, Nikki Bowsley, Febienne Green, John Harper, Daisy Long, Gill Loomes-Quinn, Claire Martin and Tom McBride (co-ordinated and curated with an introduction by Celia Kitzinger), 18 October 2023 Note: This blog post was ready to publish on 24 July 2023 but publication has been delayed until today because weContinue reading “Tampering with equipment or failings in care? A fact-finding hearing (Part 1)”
‘Failed Re X’: Deprivation of liberty and Re X (the streamlined process) – a social work perspective
By Eleanor Tallon, 10th October 2023 The words “Failed Re X” has appeared in Court of Protection lists recently – like the two reproduced below. ‘Re X’ is the term used to refer to the streamlined process through which the Court of Protection (CoP) can authorise a ‘Deprivation of Liberty’ (DoL), as established in theContinue reading “‘Failed Re X’: Deprivation of liberty and Re X (the streamlined process) – a social work perspective”
Mental Capacity, Disability, and ‘Voice’: A Socio-Legal Exploration
By Gill Loomes-Quinn, 4th October 2023 Editorial Note: Many congratulations to Gill Loomes-Quinn, co-director of the Open Justice Court of Protection Project, who successfully defended her PhD thesis “Mental Capacity, Disability and ‘Voice’: A socio-legal exploration” at her viva (oral examination) on Monday 2nd October 2023. Her PhD research was supervised by Anna Lawson andContinue reading “Mental Capacity, Disability, and ‘Voice’: A Socio-Legal Exploration “
Her day in court: Attorney fights to clear her name in the face of accusations from her brother and the Public Guardian
By Georgina Baidoun, 2nd October 2023 The hearing I observed (COP 13977140, listed for 12 noon on 18 September 2023 before HHJ Spinks sitting in Cambridge County Court) was a “final” hearing to last for two days, with the issue before the court being “Discharge/conduct of deputy or attorney, application by Public Guardian”. Committing toContinue reading “Her day in court: Attorney fights to clear her name in the face of accusations from her brother and the Public Guardian”
Who cares for P? “Pragmatic harmony” finally breaks out in court
By Hartej Singh Saund-Matharu, 19 September 2023 In my first observation of a Court of Protection (CoP) hearing – and first blog – I will take you through who I am and my interest in the Court of Protection, the background of the case my experience of the hearing, and my analysis/reflections of the outcomeContinue reading “Who cares for P? “Pragmatic harmony” finally breaks out in court”
Man on children’s ward due to no suitable placement
By Ahmed Hussain, 19 September 2023 This case concerns a young man who has recently turned 18. He is currently present on a paediatric ward despite having been ready for discharge back in August (about three weeks ago). This situation has arisen due to the lack of suitable placement options. Furthermore, he cannot live withContinue reading “Man on children’s ward due to no suitable placement”
Anxious scrutiny or boilerplate? Evidence on Transparency Orders
By Celia Kitzinger, 15 September 2023 Introduction: On 21st October 2022, I submitted (at the request of counsel and with the permission of the court) a witness statement to Mrs Justice Lieven, concerning Case no. COP 13180943). I was asked to supply evidence as to how, according to my observations, Transparency Orders are actually workingContinue reading “Anxious scrutiny or boilerplate? Evidence on Transparency Orders”
Promoting Open Justice in the Court of Protection 