By Daniel Cloake, 2nd August 2021 This report concerns a case (COP 12132507 In the Matter of “AB” ) before The Hon. Mr Justice Hayden sitting remotely on 20 July 2021. The subject matter of the hearing was presented like this in the Transparency Order: This application is listed for hearing at 10.30 am onContinue reading “Court considers how to operate against patient’s will”
Tag Archives: Mental Capacity
Life-sustaining treatment contrary to his best interests: Lessons from a supplementary hearing
By Jenny Kitzinger, 30 July 2021 The hearing I attended at the Court of Protection on 15th July 2021 (Case No. 1375980T before Mr Justice Hayden) was unusual in that it was described by the judge as a “supplementary hearing”. I’d not come across this type of hearing before, so was interested in the format and processContinue reading “Life-sustaining treatment contrary to his best interests: Lessons from a supplementary hearing”
Covid vaccination contrary to parents’ wishes
As the hearing ended, JS’s father put a comforting arm around JS’s mother. They both looked upset and anxious. “We just hope your decision brings benefit to our son, rather than more harm”, said his mother. “Mrs S, so do I”, said the judge: “Nobody has a working crystal ball, but I firmly believe it’s the decision that’s best for JS”.
Observing a Court of Protection hearing as year 11 and year 13 students
By Martha Purdy, Meg Aitken and Claire Martin, 22nd July 2021 Attending a Court of Protection hearing is an excellent opportunity to see justice in action. Two students, Meg – about to start medical training in September 2021, and Martha – starting A levels in September and interested in Law, joined Claire (part of the Core TeamContinue reading “Observing a Court of Protection hearing as year 11 and year 13 students”
“What is he saying to us?” The ‘voice’ of a hunger-striking man in a best interests decision about his medical treatment
By Gill Loomes-Quinn, 14th July 2021 During the afternoon of Tuesday 25th May 2021, I found myself back in the (virtual) Court of Protection for what was my first observation for several months. I was expecting to observe the latest hearing in Case Number COP 1275114 Re RD (Emma Heron and Olwen Cockell had written about an earlierContinue reading ““What is he saying to us?” The ‘voice’ of a hunger-striking man in a best interests decision about his medical treatment”
Dental Clearance with Post Intensive Care Syndrome: A Compassionate Decision by Hayden J
This hearing arose because a hospital trust has applied for welfare orders under the Mental Capacity Act 2005 to permit them (i) to perform a full dental clearance on M in hospital under general anaesthetic, and (ii) to use a combination of chemical and physical restraint in order to manage M’s transfer to hospital.
Predatory marriage and coercive control: A hearing before Roberts J
By Celia Kitzinger, 12th July 2021[1] Update: This judgment has now been published BU, Re [2021] EWCOP 54 (24 September 2021) This case before Mrs Justice Roberts, (COP 13503831 heard on 6th – 8th July 2021) concerns coercive control and a planned predatory marriage (or civil partnership). Evidence from an expert psychologist appointed by the court, ProfessorContinue reading “Predatory marriage and coercive control: A hearing before Roberts J”
On care, coercion and childbirth in the Court of Protection
By Ruth Fletcher, 5th July 2021 The decision in ‘An Expectant Mother’ is unsettling on many levels, not least because it takes a harsh legal approach when a care-full one is needed. Instead of paying even more attention to the experience of the agoraphobic pregnant woman at the heart of this case, somehow the judgment has endedContinue reading “On care, coercion and childbirth in the Court of Protection”
Delays in finding an Acquired Brain Injury Placement: “A very significant degree of muddle”
By Gaby Parker, 29th June 2021 On 23rd June 2021 I observed a hearing (via MS Teams) before Mr Justice Hayden in the Court of Protection: COP 1354439T Re. PH. The case was about finding a suitable placement for P who remains in hospital although he is fit for discharge and has been for a long time. TheContinue reading “Delays in finding an Acquired Brain Injury Placement: “A very significant degree of muddle””
A junior doctor watches his first hearing
The hearing was about P, a young woman with Down’s Syndrome whose parents had divorced. From what I could make out, this was the case’s first appearance under a ‘Tier 3’ (High Court) judge, but the exact outcomes both parties wanted remained slightly unclear.
Promoting Open Justice in the Court of Protection 