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.
Tag Archives: Not Secret Court
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”.
“What your mother wants and what is best for P may not be the same thing”: Judge seeks family engagement and clarification of immigration status
I hope that the practical plan put in place by DJ Clarke will enable the family and professionals to collaborate effectively and ensure that the Official Solicitor can obtain P’s wishes and feelings. Ultimately, the decisions being made are about P’s life, and his voice must be at the centre of those decisions.
Declaration of death or serious medical treatment withdrawal?
The key question in this case, which will be back in court on 2nd July 2026, is whether or not a man in his 40s, who had an out-of-hospital cardiac arrest about a month ago) is now “brain stem dead”.
“Steadying the ship”: Vice President’s judgment will list factors to consider before making applications for declaratory relief in life-sustaining treatment cases relating to the Mental Health Act
By Sydney White, 24th June 2026 The grave facts of this case (COP 20033278, before Mrs Justice Theis on 23rd June 2026) are discussed in a previous blog (Anorexia, declaratory protection and the Mental Health Act: Ventilating a jurisdictional question following Townsend). In summary it concerns a woman (“P”) who suffers from anorexia nervosa and isContinue reading ““Steadying the ship”: Vice President’s judgment will list factors to consider before making applications for declaratory relief in life-sustaining treatment cases relating to the Mental Health Act”
A personal reflection on decision-making processes
By Vicky Farrell, 22nd June 2026 As an experienced clinical lead within NHS community services for older adults, I recently attended a virtual hearing with the aim of gaining insight into how the Court of Protection facilitates complex decision-making outcomes. The case I observed was COP 20019749 before Mrs Justice Theis sitting at the RoyalContinue reading “A personal reflection on decision-making processes”
Court approves sedative PRN medication
By Maria Maier, 17th June 2026 As an Independent Advocate for individuals who lack mental capacity, I have seen at first-hand the vital role the Court of Protection plays in safeguarding some of the most vulnerable members of society. Despite its importance, the Court’s work is often overlooked and underreported. By observing and reporting onContinue reading “Court approves sedative PRN medication”
Promoting Open Justice in the Court of Protection 