Tag Archives: Mental Capacity

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””

Another case of s.21A delay (with a happy ending)

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)”

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”