Rather than starting with the question of how AB might be restrained, she insisted that thought be given first to how to avoid putting AB in situations where restraint might become necessary.
Tag Archives: Not Secret Court
Covert recording and contact restrictions
Gravely concerned about her son’s care, the mother had resorted to covert recording by giving her son a teddy bear with a hidden device inside. But when the covert recording was revealed, the Health Board stopped contact between mother and son, and made an application for an interim injunction to prohibit her from recording in future and to re-establish a (restricted) contact regime.
Contesting deprivation of liberty post-AGNI: Not a marginal case but “the very exemplar of why the state is under an obligation to provide safeguards”, says HHJ Hilder
BW is objecting as loudly and frequently as her condition enables her to do. I agree with Ms Butler-Cole that this is not a marginal situation. This is the very exemplar of why the state is under an obligation to provide safeguards.
Two non-compliance hearings concerning Finance Deputyship applications: Finding pragmatic ways forward
By Celia Kitzinger, 23rd October 2026 There were five hearings concerning ‘non-compliance with court orders’ listed, for 15 minutes each, before DJ Ellington sitting remotely at First Avenue House on Monday 19th October 2026. I watched two of them, at 11am and 12.30pm.[1] Both hearings concerned family members who’d made applications to become Deputies for PropertyContinue reading “Two non-compliance hearings concerning Finance Deputyship applications: Finding pragmatic ways forward”
“Pleading for information about mum’s care”: Court makes pragmatic appointment of interim welfare deputy
Daughter: “I don’t feel I can make a fully informed decision … I’ve got so much to consider. What I’d respectfully ask the court to do is to give me the authority to access information about my mum from adult social care, safeguarding, the GP practice, the hospital, the care home and the home care agents prior to her admission [to hospital]. […] If I can get that information, I can make a decision.”
“Wrapped in Cotton Wool”: Protection, Restriction and P’s Best Interests
Following years of serious illness, B’s parents had created what the judge described as a “cocoon of happiness” around their daughter. The difficult question before the court was whether preserving that cocoon truly served B’s best interests or whether accepting the risks of elective surgery could offer her the opportunity for a fuller and less restricted life.
Reducing restrictions for a person deprived of his liberty: internet use, access to services and ensuring appropriate support
Senior Judge Hilder (and the OS) seemed very familiar with how difficult it can be to ensure that organisations follow through on their responsibility and how easily a timetable can slip.
A remarkable turnaround: Updating the “vile judgment” case
By October 2025, the local authority had concluded that 24-hour live-in care was no longer necessary and sought court approval to replace it with four daily care visits supported by assistive technology. The court agreed, bringing an end to all restrictions on contact between Caroline and her mother.
Unlawful deprivation of liberty and the retrospective effect of AGNI: When the capacity requirement is not met
Following AGNI, has P (who has capacity to make decisions about care and residence) been deprived of her liberty for the purposes of making a human rights claim?
What happens to restricted patients after AGNI? SJ Hilder considers the consequences
At first sight, this appeared to be a straightforward example of the post-AGNI legal framework in practice. The applicant local authority invited the court to discharge the COPDOL order. But there was a complication. The P in this case is a “restricted patient”, living in the community under “conditional discharge”.
