By Celia Kitzinger and Anna (Daughter of P), 9th May 2022 Anna (not her real name) contacted the Open Justice Court of Protection Project towards the end of April 2022, saying that she’d been asked to attend a s. 21A directions hearing about her mother (in a care home, with Alzheimer’s) and was finding the Court ofContinue reading “A section 21A hearing: Impressions from a veteran observer and the daughter of (a different) P in a s.21A case”
By Clare Fuller, 3rd May 2022 I wanted to observe this hearing because it was listed as being concerned with the validity of a Lasting Power of Attorney. Here’s how it appeared in the Court of Protection list for First Avenue House in London: Midday20thApril 2022 Deputy District Judge Kaufman 13628180 CC -v- The Public GuardianContinue reading “Capacity to make a Lasting Power of Attorney”
By Helen Moizer, 7th April 2022 The value of observing a case management hearing in the Court of Protection. When I observed a Court of Protection hearing for the first time, I did not know what I was entering into or what to expect. Despite it being a video hearing link, I still felt apprehensiveContinue reading “The value of observing a case management hearing in the Court of Protection”
What families mean by “gravitas” (dignity, seriousness, solemnity) does not in fact reside in court architecture, coats of arms, wigs and robes, or rituals of address and behaviour. In my experience, these external manifestations of “justice” can sometimes seem rather ridiculous, and the “performance” element of the courtroom can alienate lay people and distract everyone from the serious business at hand. Rather, the “gravitas” families appreciate is a quality of attention, a focus, a willingness to engage, in depth, with the medico-legal and ethical issues before the court.
Court of Protection hearings provide very valuable opportunities to observe the practice and effect of oral and written advocacy from skilled QCs and other barristers. Every trainee barrister would come away stronger after observing a Court of Protection hearing…. This was a profoundly useful hearing to observe as a Bar student.
By Bonnie Venter, 7th March 2022 UPDATE: The judgment in this case is now published: Manchester University NHS Foundation Trust v WV  EWCOP 9 (08 March 2022) This post is about the final day of the hearing concerning whether it is in William Verden’s best interests to have a kidney transplant. This day (Thursday, 3Continue reading “Best interests and kidney transplantation: Closing submissions in the William Verden case”
By Celia Kitzinger, 1 March 2022 Ms C says she hates where she lives – in a residential care home (I’ll call it“Beech House”). She has said so “loudly”. She expressed her “strongly held feelings” directly to the judge when he met with her on 25th January 2022. Throughout that meeting she maintained, in strong terms, thatContinue reading “Communicating bad news: A s.21A decision”
By Aura Mackintosh Bamber, 22 February 2022 For any child’s family, a diagnosis of Prader-Willi Syndrome brings with it a number of responsibilities and worries that are involved in properly caring for and managing this complex disorder. These worries are only exacerbated when a decision is made to deprive that child of their liberty inContinue reading “Delay in finding a suitable placement for a young adult with Prader-Willi syndrome”
A young man with Prader-Willi Syndrome was at the centre of a hearing before Theis J. I can only tell you this because journalist Brian Farmer and I made submissions to the judge saying that we should be allowed to report it and she eventually agreed.
Let me be clear: I also do not know where the evidence points, because the evidence is not reliably available to examine. I do not know this because the supremacy of evidence-based medicine has been lost, which is personally devastating, as I wonder what will happen to evidence, debate, scientific method and freedom to explore uncertainty.