By Celia Kitzinger, 14th January 2024 (updated 10th February 2024 after approved order was made) It’s been a while since I’ve observed a contested hearing about COVID vaccination in the Court of Protection[1], and I was assuming they’d all worked their way through the system by now. So, it was a surprise to log onContinue reading “Covid and expert evidence: Vaccination is NOT in P’s best interests”
Tag Archives: Not Secret Court
Can a judge discharge a Deputy without determination of wrong-doing? Statutory interpretation in action
By Celia Kitzinger, 12th January 2024 UPDATE: The mother/Deputy in this case appealed against the decision to a more senior judge (Mrs Justice Theis, Vice President of the Court of Protection). She lost the appeal. The reasons are set out in this judgment: CL v Swansea Bay University Health Board & Ors I chose toContinue reading “Can a judge discharge a Deputy without determination of wrong-doing? Statutory interpretation in action”
A ‘closed hearing’ to end a ‘closed material’ case
By Celia Kitzinger, 18th December 2023 M is keeping something private from her parents. She doesn’t want them to know what it is. The lawyers in court all know what it is. So does the judge. But observers like me haven’t been told. And her parents still don’t know. The court papers shared with them have been heavilyContinue reading “A ‘closed hearing’ to end a ‘closed material’ case”
Older lady “very sorely let down” by local authority with “multiple failings”
By Daniel Clark, 17 December 2023 The person at the centre of this case (COP 14072451) is an 84-year-old lady, currently deprived of her liberty in a nursing home. She is unhappy with the situation and is objecting to her placement there – which has led to an application under s21a of the Mental Capacity ActContinue reading “Older lady “very sorely let down” by local authority with “multiple failings””
Counselling and support needed for family members in the Court of Protection
By “Hope”, 13 December 2023 Although I’m involved in a Court of Protection hearing myself, as a Litigant in Person, this was the first COP hearing I’ve observed involving another family. The hearing was “Public with reporting restrictions” and could be watched either in person or (as I did) via a cloud video platform. BothContinue reading “Counselling and support needed for family members in the Court of Protection”
Mastectomy against her wishes, family concerns and a Trust penalised for delay
By Celia Kitzinger, 11 December 2023 The woman at the centre of this case (GH) is 52 years old. She’s was diagnosed with breast cancer back in March 2023, but she doesn’t believe she has breast cancer and is refusing all treatment for it. She has a diagnosis of schizoaffective disorder. I missed the beginning of the hearing,Continue reading “Mastectomy against her wishes, family concerns and a Trust penalised for delay”
Warrant for arrest of P’s mother
By Amanda Hill, formerly ‘Anna’ , 7th December 2023 This has been a long and difficult case, blogged about recently here). I’ve not observed a hearing in this case before – but I’ve read a blog about the previous committal hearing here. In brief, at the previous committal hearing the judge determined that Mrs Liovbov Macpherson (Luba) hadContinue reading “Warrant for arrest of P’s mother”
British Sign Language, Capacity, and Transparency
By Celia Kitzinger, 5th December 2023 Matters exercising the judge in this hearing, on Tuesday 5th December 2023, were: This is the second hearing I’ve observed in this case (COP 12446297 before HHJ Godwin). I blogged about the previous hearing, in May 2023, here: P loses bungalow option due to assessment delays – and described it as “a thoroughly depressing hearing”. At this hearingContinue reading “British Sign Language, Capacity, and Transparency”
Transferring P to a different hospital: No longer a best interests decision
By Rhiannon Snaith, 30 November 2023 Having read a blog post about a previous hearing in this case (‘Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents’), I was expecting it to be about whether or not it was in P’s best interests to have a feeding tube (re)inserted. AsContinue reading “Transferring P to a different hospital: No longer a best interests decision”
Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents
By Amy Dadarria and Celia Kitzinger, 30 November 2023 Editorial Note: Amy (a law student) and Celia (a non-legal public observer) both observed this hearing but only Celia was sent the parties’ position statements – and there was no opening summary. Amy’s blog contribution (below) was written on the basis of what she observed in courtContinue reading “Best interests, hospital transfer and a feeding tube: How open justice fails without access to court documents”
Promoting Open Justice in the Court of Protection 