“Can we stress in your piece that social services need to listen to the families. That’s what I want to get out of this. They need to listen and understand that we have their best interests at heart. We know the person better than anybody else – certainly better than social services that just poke their noses in and misinterpret.”
Tag Archives: Mental Capacity
Mother refuses to return P to the UK in defiance of court order – but there’s no application for committal for contempt of court: What more can the court do?
In defiance of a court order and to prevent Miranda being temporarily moved out of the family home for assessment purposes, Miranda’s mother took her to Jamaica in early February 2023.
At the margins of ‘Deprivation of Liberty’: On not losing myself – care and thoughtfulness from HHJ Beckley
That experience has helped me to understand, on a visceral level, how easily autonomy can be subsumed under the guise of safety, support, and risk management. I notice the gulf between how I describe what’s happening as ‘supervision and control’, and how one of the hospital caregivers referred to it, as ‘support’.
Making it possible for families to tell their Court of Protection stories: How we got the reporting restrictions changed (while P is still alive)
By Celia Kitzinger, 29th August 2025 Earlier this month, Sandra and Joe Preston published an account of their experience in the Court of Protection and queried whether the case about their relative’s “deprivation of liberty” was a good use of judicial time, tax-payers’ money and in the public interest. You can read their blog postContinue reading “Making it possible for families to tell their Court of Protection stories: How we got the reporting restrictions changed (while P is still alive)”
Lieven J grapples with cuckooing and the effect of a DOL order
By Daniel Clark, 27th August 2025 This case concerns a young man with a hypoxic brain injury arising from a cardiac arrest. He is a drug user and a victim of cuckooing, (which is when a person’s dwelling is taken over without their consent for the purposes of committing or commissioning a crime). The applicantContinue reading “Lieven J grapples with cuckooing and the effect of a DOL order”
Timely and effective access to the court: Four case studies with judges struggling to deliver on transparency
By Claire Martin, 25th August 2025 Transparency and open justice are principles at the heart of our justice system. Last year, the Lady Chief Justice created a Transparency and Open Justice Board, chaired by Mr Justice Nicklin, who said that the Board will “set objectives for all Courts and Tribunals, focussing on timely and effectiveContinue reading “Timely and effective access to the court: Four case studies with judges struggling to deliver on transparency”
My first experience of being an in-person observer at First Avenue House (London): HHJ Beckley decides on where P should live and receive care
By Sandra Preston, 18 August 2025 On 13 August 2025 I went to First Avenue House (the London headquarters of the Court of Protection) for the first time as an observer – rather than as the relative of a Protected Party (as described my blog post here). I had chosen to do so to gainContinue reading “My first experience of being an in-person observer at First Avenue House (London): HHJ Beckley decides on where P should live and receive care”
The problem with Motability Hire Agreements: A Deputy’s concerns in the COP
By Amanda Hill, 11th August 2025 Update 30th September 2025: The OPG have now issued a press statement summarising what deputies should do and an address to contact Motability. You can read about it here: Update 2nd September 2025: I’ve now received a copy of the approved order for this hearing so I’ve added aContinue reading “The problem with Motability Hire Agreements: A Deputy’s concerns in the COP”
A patient with “unusual” spiritual beliefs: Is withdrawing a feeding tube in his best interests?
By Jenny Kitzinger, 8th August 2025 12th August 2025: The judgment has just been published (click on the case name): The Hillingdon Hospitals NHS Foundation Trust v YD & Others (Refusal of Withdrawal of Treatment) [2025] EWCOP 31 (T3). Jenny has written a commentary on the judgment (also covering media reception of it) here: “CommentaryContinue reading “A patient with “unusual” spiritual beliefs: Is withdrawing a feeding tube in his best interests?”
A court hearing and 23 visits from 16 officials: Family doubt that ‘Deprivation of liberty’ is working in the public interest
By Sandra and Joe Preston, 7th August 2025 In February 2025, we found ourselves stepping into the Court of Protection for the very first time, as relatives of a Protected Party (P). We returned there in June for the second and final hearing, and although we came away with a positive outcome, it had takenContinue reading “A court hearing and 23 visits from 16 officials: Family doubt that ‘Deprivation of liberty’ is working in the public interest “
Promoting Open Justice in the Court of Protection 