When families want to tell their story: Discharging a transparency order

By Celia Kitzinger (Intervenor) and “Anna” (Amanda Hill) (Observer), 27 February 2024 Update: The judgment is available here: The judgment is available here: In the Matter of VS (deceased) [2024] EWCOP 6 Back in 2014, Mr Justice Munby, then President of the Court of Protection, expressed concern that the court was “saddled … with theContinue reading “When families want to tell their story: Discharging a transparency order”

Lasting Powers of Attorney: The problem with leaving it too late

by George Palmer, 26th February 2024 Many people are unaware that you can appoint another person to make decisions on behalf of your health and welfare and/or your financial affairs if you ever lose the capacity to make these decisions for yourself. This involves appointing someone as your Lasting Power of Attorney (LPA). You can checkContinue reading “Lasting Powers of Attorney: The problem with leaving it too late”

Expert witness in Anorexia cases

By Ty Glover, 25th February 2024 I’m a Consultant in Eating Disorders Psychiatry, an Independent Medicolegal Expert and a member of the Royal College of Psychiatrists for over 25 years.  My clinical career has been spent managing acutely unwell NHS patients in Independent Sector Hospitals, primarily patients suffering with severe Anorexia Nervosa but also thoseContinue reading “Expert witness in Anorexia cases”

Inaudible in-person proceedings: A practical barrier to transparency and open justice

By Tim Sugden, 21st February 2024 It’s not open justice if you can’t hear what is being said in the courtroom.   My experience is that this is a recurrent problem in magistrates’ courts – and now I’ve found the same problem in the Court of Protection as well. My experiences in magistrates’ courts with CourtwatchContinue reading “Inaudible in-person proceedings: A practical barrier to transparency and open justice”

“Private” Hearings: An Audit

By Celia Kitzinger, 1 February 2024 The vast majority of hearings in the Court of Protection are open to the public – but almost every day there are also hearings listed as “PRIVATE”.  My decision to take a closer look at “PRIVATE” hearings was made one Autumn day last year when I checked the listingsContinue reading ““Private” Hearings: An Audit”

Two law students’ first observation of a COP hearing

By Kei Yong and Isabella Treston, 31 January 2023 As two students studying the Bar Practice Course and Masters of Law in Liverpool, we were given the opportunity to attend remote hearings in the Court of Protection as part of our Masters. Neither of us had previously attended or known a lot of information regardingContinue reading “Two law students’ first observation of a COP hearing”

A disappointing failure of open justice: DJ OmoRegie says no

By George Palmer, 29th January 2024 I was very excited to learn that I could shadow Celia Kitzinger as an observer at a remote hearing (via cloud video platform) at 10 am on Friday 19th January 2024.    I’m a third-year law student at the University of York intending to go into a career within ClinicalContinue reading “A disappointing failure of open justice: DJ OmoRegie says no”

“Unusual restrictions” for a 17-year-old

By Claire Martin, 25th January 2023 This hearing (COP 14169995 before DJ Glassbrook, sitting at Northampton County Court on 5th January 2024) caught my eye in the CourtServe list because it mentioned “unusual restrictions to which the protected party is subject”. Unfortunately, despite requesting them,  I’ve not been sent the parties’ position statements, so I don’t haveContinue reading ““Unusual restrictions” for a 17-year-old”

Judge approves P’s conveyance (against his wishes) to a care home – and tells lawyers to “just stop!” routinely anonymising public bodies in draft Transparency Orders

by Daniel Clark, 22nd January 2024 It is not unusual for the Court of Protection to hear cases in which a “conveyance plan” needs to be approved. These are plans about how a protected party (P) will move from A to B and are an integral part of keeping P safe while also promoting her orContinue reading “Judge approves P’s conveyance (against his wishes) to a care home – and tells lawyers to “just stop!” routinely anonymising public bodies in draft Transparency Orders”

“An awful state”: Self-neglect and mental capacity

By Ian Brownhill, 17 January 2024 The description of a person being found in “an awful state” is one of the most common phrases than an adult social care lawyer will read. It is a description that has no legal meaning but is often a sanitised portrayal of someone who has been subject to significantContinue reading ““An awful state”: Self-neglect and mental capacity”