By Claire Martin, 14 September 2023 John (not his real name) is 17 and will be 18 in three months’ time. He used to live with his adoptive mother but (since 2021) has been living in a Gateshead Local Authority placement where he is supervised 2:1 by carers. I didn’t find out anything about John’sContinue reading “Moving towards transition from children’s to adult services”
Tag Archives: Mental Capacity
Evidence for Ministry of Justice Consultation on “Open Justice: The way forward”
By Celia Kitzinger, 10 September 2023 Drawing on my experience with the Open Justice Court of Protection Project – and with some helpful input from other core team members – I submitted my views about open justice to the Ministry of Justice consultation, just before the deadline at 11.59 on 7th September 2023. I’ve reproducedContinue reading “Evidence for Ministry of Justice Consultation on “Open Justice: The way forward””
Capacity to consent to sexual relations: “I want my freedom back”
By Amanda Hill, formerly ‘Anna’ , 3rd September 2023 When I saw this case listed, I didn’t fully appreciate the complex issues it would cover, especially about the difficulties of ensuring that somebody who is used to going out independently can do so safely – and the role that technology might play. At the heart ofContinue reading “Capacity to consent to sexual relations: “I want my freedom back””
Prolonging life or protracting death? An end-of-life decision by Hayden J
By Zach Moss and Jemma Woodley, 1st September 2023 At a hearing in the Royal Courts of Justice on 22nd-23rd August 2023, Mr Justice Hayden made the decision to withdraw treatment (dialysis and clinically assisted nutrition and hydration) from a man in his fifties who was in a coma following a stroke. There is, as yet,Continue reading “Prolonging life or protracting death? An end-of-life decision by Hayden J”
Withdrawing treatment from a pastor in a coma: Balancing religious beliefs and medical realities
By Rhiannon Snaith, 30th August 2023 An evangelical preacher in his fifties (KT) had a stroke in February 2022. He underwent emergency surgery but has sustained significant brain damage and never regained consciousness. He is currently in hospital, in a coma and also has end-stage kidney failure and Type 2 diabetes. The Trust was seekingContinue reading “Withdrawing treatment from a pastor in a coma: Balancing religious beliefs and medical realities”
Closed Material Proceedings: A ‘forced marriage’ hearing before Theis J
By Celia Kitzinger, 23 August 2023 The hearing (COP 13907545 on 27 July 2023) concerns a young woman in her twenties (M) who has a mild learning disability and can also experience anxiety, depression and impulsivity. She needs 24-hour support to provide assistance with personal care, nutrition, medication and to allow her to access the community safely. Continue reading “Closed Material Proceedings: A ‘forced marriage’ hearing before Theis J”
“I am very concerned … that the current situation is not tenable”: High-risk behaviour and questions about jurisdiction
by Daniel Clark, 22nd August 2023 The young woman (AB) at the centre of this case (COP 12953545) suffered a Traumatic Brain Injury following a Road Traffic Accident some years ago. She is engaging in high-risk behaviour, and the local authority is seeking an order from the Court that it is in her best interestsContinue reading ““I am very concerned … that the current situation is not tenable”: High-risk behaviour and questions about jurisdiction”
“Not at risk of life and limb”: Room to breathe in a complex case
By Daniel Clark, 20 August 2023 This case (COP 13043376) concerns Mr K, a gentleman with ulcers on both his legs, which he refuses to allow medical professionals to examine or treat. At a previous hearing, which law student George Palmer blogged about earlier (“Assessing and treating leg ulcers of a resistant patient“), Mr J McKendrickContinue reading ““Not at risk of life and limb”: Room to breathe in a complex case”
Is he deprived of his liberty? (Plus a request to vary the reporting restrictions – again)
By Celia Kitzinger, 15 August 2023 This is an unusual s.21A challenge to the authorisation of Mr P’s deprivation of liberty. The only issue for determination is whether or not Mr P is actually “deprived of his liberty”. If he is, one of the key safeguards of DoLS is that he will continue to be entitledContinue reading “Is he deprived of his liberty? (Plus a request to vary the reporting restrictions – again)”
Varying reporting restrictions to name Kent County Council in “shocking” delay case
By Celia Kitzinger, 11 August 2023 Kent County Council was criticised in court for misunderstanding the law and creating lengthy delays for a care home patient who wants to move to a different care home closer to his family[1]. Mrs Justice Theis, Vice President of the Court of Protection, said in the course of aContinue reading “Varying reporting restrictions to name Kent County Council in “shocking” delay case”
Promoting Open Justice in the Court of Protection 