By Claire Martin, 11th July 2023 One of the most draconian decisions the Court of Protection can make is to restrict contact between people who love each other and want to be together. That was the issue in this hearing. The Health Board was seeking urgent court authorisation for an extension to an order restricting contactContinue reading “Restricting family contact, and family ‘abuse’ of staff: An adversarial Court of Protection hearing”
Tag Archives: Not Secret Court
Removing P to another country to evade the orders of the Court
By Celia Kitzinger, 9th July 2023 If you believe the authorities are acting against the best interests of your vulnerable relative, you might contemplate escaping with them to another country, in the hope of taking the person outside the reach of the Court of Protection. I often hear conversations about this. For most people it isn’t reallyContinue reading “Removing P to another country to evade the orders of the Court”
Gagged – in whose best interests?
By Amanda Hill, formerly ‘Anna‘, 7 July 2023 “How did the court case with your mum go?” “OK but I’m not allowed to tell you about it or I could be held in contempt of court and have my assets seized” This was a conversation I had with a cousin during a family reunion lastContinue reading “Gagged – in whose best interests?”
Overcoming the challenges of observing my first remote hearing in the Court of Protection
By Peter C Bell, 6th July 2023 I am a (mature!) law student at the Open University, studying part-time for an LLB Law (Hons), and have just completed my second year (results of last End of Module Assessment eagerly awaited). I have a long-standing interest in Open Justice, having observed or participated in hearings inContinue reading “Overcoming the challenges of observing my first remote hearing in the Court of Protection”
‘What God has put together, let no man put asunder’: A s.21A challenge and the limits of Power of Attorney
By Celia Kitzinger, 3rd July 2023 The words “What God has put together, let no man put asunder” are from the Bible (Matthew 19:6). It means that marriage is a holy thing and humans should not break a marriage apart. The deeply religious man who uttered these words in court was powerfully expressing his dismayContinue reading “‘What God has put together, let no man put asunder’: A s.21A challenge and the limits of Power of Attorney”
An ‘impasse’ on face-to-face contact between mother and daughter
By Celia Kitzinger, 25 June 2023 This is a tragic and seemingly intractable case. A mother and daughter love each other and want to be together. The daughter, FP, is deprived of her liberty in a residential nursing home. The placement is some distance away from where her mother lives with her husband (FP’s stepfather) –Continue reading “An ‘impasse’ on face-to-face contact between mother and daughter”
Happy Third Birthday to the Open Justice Court of Protection Project
By Celia Kitzinger, Gill Loomes-Quinn, Claire Martin and Kirsty Stuart, 15 June 2023 Three years ago today, on 15th June 2020, Celia and Gill launched the Open Justice Court of Protection Project, at the beginning of the COVID-19 pandemic. It was born of our passionate belief that “publicity is the very soul of justice” at aContinue reading “Happy Third Birthday to the Open Justice Court of Protection Project”
‘Refusing to engage’: A first hearing
By Celia Kitzinger, 11th June 2023 Cases in the Court of Protection often run for years – especially in the county courts, which is means the majority of all hearings. So we often find ourselves watching a third, or a sixth, or an eighth hearing in a single case, without having observed any of theContinue reading “‘Refusing to engage’: A first hearing”
Struggling with transparency and a family under stress
By Celia Kitzinger, 9 June 2023 I’ve divided this blog into two parts. If you can’t bear to hear me complaining (again) about the lack of transparency in the Court of Protection, please skip directly to Part 2, which reports on the substance of the hearing. I arrived late to the hearing (see Part 1) andContinue reading “Struggling with transparency and a family under stress”
P loses bungalow option due to assessment delays
By Celia Kitzinger, 7 June 2023 This was a thoroughly depressing hearing. I asked to observe it (COP 12446297 before HHJ Godwin) without much idea of what it was about, simply because I had some time free and noticed a hearing in Wales – which we cover less than we should. Access to the cloudContinue reading “P loses bungalow option due to assessment delays”
Promoting Open Justice in the Court of Protection 