By Celia Kitzinger, 8th February 2023 This is yet another case reflecting the problems caused to individuals due to the national shortage of appropriate accommodation for young people with complex needs. I observed the hearing (COP 14036761) on 3rd February 2023 before Mrs Justice Theis sitting (remotely) in the Royal Courts of Justice. A teenager isContinue reading “Approving discharge arrangements and deprivation of liberty”
Tag Archives: Mental Capacity
A committal hearing to send P’s mother to prison – and the challenges of an in-person hearing
By Claire Martin, 8 February 2023 Editorial update: After the decision in this case (a suspended custodial sentence of 28 days), Mrs Lioubov Macpherson made an unsuccessful appeal to the Court of Appeal. The Court of Appeal judgment is here. Lioubov Macpherson v Sunderland City Council {2023] EWCA Civ 574 (4 May 2023). The hearingContinue reading “A committal hearing to send P’s mother to prison – and the challenges of an in-person hearing”
Covert medication of persons lacking capacity: What guidance is there?
By Aswini Weereratne, 6th February 2023 Covert medication is the troubling practice of medicating a person without their knowledge because they have refused treatment considered medically necessary. This is often done by disguising medication in food or a drink. A few cases before the Court of Protection have placed this practice into the spotlight and raise theContinue reading “Covert medication of persons lacking capacity: What guidance is there?”
Uncertainty about capacity for contact – and the inappropriateness of using the inherent jurisdiction
Mrs Justice Lieven remarked that “a vast amount of lawyers and legal expenses” were being used on “a relatively small amount of issues, with very fine distinctions” and that further assessment “does not feel to me, like a proportionate way forward, in a cash-strapped system” where in the case of P “there are already 8 lawyers and 3 detailed assessments”, pertinently adding “What benefit is there to P in all of this?”
Committal hearings and open justice in the Court of Protection
An inaccurate listing on a court noticeboard might seem a small thing. But in contempt cases, that inaccurate listing might lead to your neighbour being sent to jail in secret. That would be a very big thing indeed.
‘Test case’ on Lasting Powers of Attorney – with troubling delay
By Celia Kitzinger, 31st January 2023 At some point in the future, there may be a time for all of us when we can’t make decisions for ourselves. It may come suddenly, as it did for my younger sister, Polly, who was catastrophically brain-injured in a car crash in 2009. Or we may lose capacity toContinue reading “‘Test case’ on Lasting Powers of Attorney – with troubling delay”
‘Vindicated!’ The experience of P in the Court of Protection
By JH and NB (with an introduction from Celia Kitzinger), 29th January 2023 Editorial Note: The judgment has now been published: NHS Surrey Heartlands Integrated Care Board v JH [2023] EWCOP 2 Introduction (by Celia) There was an urgent Court of Protection hearing at the end of last year before Mr Justice Hayden. In this blogContinue reading “‘Vindicated!’ The experience of P in the Court of Protection”
Deprivation of Liberty Safeguards: A course for families
By Amanda Hill (previously written as ‘Anna’, daughter of a P) Update: Following the court changing the Transparency Order for my mum’s case in March 2025, I can now reveal my identity I’m involved in a Court of Protection s 21A application concerning my mother and the origin of this case was a Deprivation ofContinue reading “Deprivation of Liberty Safeguards: A course for families”
Observing a remote hearing in court with the judge
This turned out to be a salutary opportunity for me to experience a “judge’s eye view” of a remote hearing. I can now better appreciate the somewhat isolating and disjointed experience it creates for the decision-maker sitting in the nearly empty courtroom.
“It will all work out”: The limits of a positive attitude in the Court of Protection
We appreciate that it would be very difficult for clinicians and judges to take a path that would put EJ’s life at risk. Yet, the trauma of her autonomy being overruled, and the loss of trust in professionals and in her own agency are not insignificant considerations.
Promoting Open Justice in the Court of Protection 