by Daniel Clark, 25th April 2025 On Wednesday 16th April 2025, the UK Supreme Court handed down judgment in two cases. One of them, For Women Scotland Ltd v The Scottish Ministers, has received a huge amount of attention in the press and in social media. The other has not. It is nevertheless a veryContinue reading “Reflections on the Supreme Court’s judgment in Abbasi on the duration of reporting restrictions”
Tag Archives: Mental Capacity
A SEND advocate observes a hearing in the Court of Protection: Learning about the Official Solicitor – and a penal notice against an expert witness
By Michelle Hughes (with postscript by Celia Kitzinger), 23rd April 2025 Update 23rd September 2025: A judgment has been published for this case, Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3) Henke J found that P does have capacity. Para 60 reads: “I have written this judgment to enable AW to have aContinue reading “A SEND advocate observes a hearing in the Court of Protection: Learning about the Official Solicitor – and a penal notice against an expert witness”
Statutory Wills: A barrister explains
By Ruth Hughes KC, 22nd April 2025 Editorial note: We commissioned this blog post due to the interest in statutory wills generated by the case of W v P [2025] EWCOP 11(T3) which was heard in private. The blog author acted for the P in that case, instructed by the Official Solicitor. We have alsoContinue reading “Statutory Wills: A barrister explains”
If this had been my first court observation, it would have been my last!
By Clare Fuller, 17th April 2025 In the following blog, I’m going to combine two experiences of the same event written contemporaneously and originally as separate pieces. The event is a hearing in the Court of Protection and both experiences are mine. In Part 1 I describe abortive attempts to obtain a hearing link. InContinue reading “If this had been my first court observation, it would have been my last!”
A named defendant awaits sentencing for contempt of court
By Claire Martin, 16th April 2025 Following an adjourned committal hearing back in December 2024, we were concerned that the defendant (referred to only by his initials, “MW”), who is facing a prison sentence for contempt of court, had been anonymised in the public court lists – and the observer considered it likely that thereContinue reading “A named defendant awaits sentencing for contempt of court”
Transparency in twenty days at Cardiff Court of Protection
By Kim Dodd, 15th April 2025 I was a Litigant in Person in my dad’s Court of Protection case from February 2024 until his death in August 2024. He died in the care home it was deemed to be in his best interests to be forcibly removed to, from his own home – despite hisContinue reading “Transparency in twenty days at Cardiff Court of Protection”
Our ordinary story ….and how it became an unbelievable family experience of the Court of Protection
By Amanda Hill, 9 April 2025 (Amanda previously wrote a blog about her experience in March 2023. She had to write that under a pseudonym, Anna. This is what she wrote at the time: https://openjusticecourtofprotection.org/2023/03/17/deprived-of-her-liberty-my-experience-of-the-court-procedure-for-my-mum/) Last weekend I read through the 300-page court bundle of documents associated with my mum’s Court of Protection (COP) caseContinue reading “Our ordinary story ….and how it became an unbelievable family experience of the Court of Protection”
District Judge Weir thanks a Sheffield City Council social worker for her “enthusiasm and passion”
By Daniel Clark, 4th April 2025 The person at the centre of this case, who I’ll refer to as J, is a man in his 30s with a diagnosis of schizoaffective disorder. On several occasions he has been detained in hospital pursuant to the Mental Health Act 1983, and he now resides in what soundedContinue reading “District Judge Weir thanks a Sheffield City Council social worker for her “enthusiasm and passion””
Judge approves statutory will in contested hearing
By Celia Kitzinger, 27th March 2025 “This is one of the most clear-cut cases I’ve seen. You have provided support, community and love to somebody in the times they really needed it. I want to acknowledge, on behalf of this court, the job you have done and continue to do”. That’s what the judge saidContinue reading “Judge approves statutory will in contested hearing”
Two years on, P is still missing: Judge refuses application to conclude proceedings, holds proceedings partly in private, and issues injunction with penal notice against mother
By Amanda Hill, with contribution from Tim Sugden and Celia Kitzinger, 26th March 2025 The protected party in this case, “P”, is a woman in her early twenties, with diagnoses of autism, ADHD, behavioural difficulties and limited communication skills. Her mother took her to Jamaica in February 2023 “seemingly to evade the involvement of social careContinue reading “Two years on, P is still missing: Judge refuses application to conclude proceedings, holds proceedings partly in private, and issues injunction with penal notice against mother”
Promoting Open Justice in the Court of Protection 