“…The position taken by the Official Solicitor (OS) meant that the Local Authority (the applicant), the NHS Trust (the second respondent) and the OS (the first respondent) all took exactly the same position – all opposed to P’s wishes. It felt very one-sided and as though nobody was arguing for what P wanted, except for P herself…”
Tag Archives: Mental Capacity
A Stop-Start Hearing
“…I’m glad that I took the time to do this observation, even if I didn’t observe as much of the court’s process as I had expected. I think I’m more aware now of what to expect if I ever had to be in the court myself. It was time well spent..”
Restrictions, Covid-19 and a Glass of Champagne
“…bserving the hearing was interesting and made me reflect on my own experience of conducting capacity assessments and the extent to which they would hold up in court….”
A Tale of Two Sisters
“…The case revealed a welcome input of pragmatism from a judge who saw that what was being sought by the respondent in this case wasn’t quite what the law was designed to address….”
NEWS: Gill Loomes-Quinn will be talking about the Project at the Mental Disability Law – Postgraduate and Early Career Researcher Seminar on Wednesday 22nd July
By Gill Loomes-Quinn – 16th July 2020 Gill is looking forward to giving a talk about the project, and how we contribute to, and champion the cause of Open Justice in the Court of Protection – at 3.30 pm next Wednesday 22nd July, 2020. This will be as part of the Mental Disability Law –Continue reading “NEWS: Gill Loomes-Quinn will be talking about the Project at the Mental Disability Law – Postgraduate and Early Career Researcher Seminar on Wednesday 22nd July”
A Basic Guide to the Court of Protection
“… there is a difference between open justice and comprehensible justice. It is one thing for people to be able to come to court (whether in person or, at present, largely remotely) and another for them to be able to follow what is going on there…”
British Sign Language Interpretation in the Court of Protection
“Deaf people who use British Sign Language (BSL) are entitled to an interpreter in court. But what does an interpreter do? What don’t they do? Who needs an interpreter and who does the job?…”
Hunger Striking for his Identity: Autonomy, Capacity, and Justice
“…I hope Mr A’s hunger strike works to shame the Home Office into respecting his identity – but if it does not, I would like him to choose to live, if he can bear to. Not because he will have a happy future (although he may), and not for the sake of his parents (although they would rejoice in that decision) but because he has so much to contribute..”
Till death do us depart…
“I said when I married you… I said till death do us depart, I said and that’s the way I want it because at the end of the day we shouldn’t have other people interfering and stopping us from having that privilege and that’s what I’d like…”
Older People and Decision-Making in the Court of Protection – View from a Psychologist
“…Even though we are only present as observers at the actual hearings, we can be part of a reciprocal dialogue and collaboration between ‘law’ and ‘care’ with blogs such as these and the work of Open Justice Court of Protection – and that must be ‘good thing’!…”
Promoting Open Justice in the Court of Protection 