By Avaia Williams, 8th March 2023 The person at the centre of this case (DS), a man in his early thirties, has been living in an acute hospital ward for over 14 months. That’s not due to a difficult-to-treat medical condition, or to a detention considered necessary under the Mental Health Act 1983 or aContinue reading “Injunction against a mother: ‘Biting the bullet’”
Tag Archives: Not Secret Court
‘The baby has to come out’: Court-authorised caesarean when subject-matter and litigation capacity are disputed
By Ruby Reed-Berendt, 3rd March 2023 Editorial update: The woman in this case has more recently (in October 2023) been the applicant in a case before the Family Division of the High Court, concerning vaccination of her baby son, now 9-month-old, and in the care of the local authority under an interim care order. She asked theContinue reading “‘The baby has to come out’: Court-authorised caesarean when subject-matter and litigation capacity are disputed”
A ‘closed materials’ hearing on forced marriage
By Celia Kitzinger, 1st March 2023 (revised 3rd March 2023) This is the first time I’ve watched a hearing before Mrs Justice Theis since she became Vice President of the Court of Protection on 13th February 2023. One of the last things the previous Vice President, Mr Justice Hayden, did before he stood down earlier thisContinue reading “A ‘closed materials’ hearing on forced marriage”
Capacity to litigate: A young woman with anorexia nervosa
By Celia Kitzinger, 28th February 2023 UPDATE: There are three published judgments here: Z NHS Foundation Trust & Anor v Patricia & Ors; In the Matter of Patricia; Re Patricia The white leopard – also known as the ‘snow leopard’ – is rare and elusive. There are no more than six or seven thousand left in theContinue reading “Capacity to litigate: A young woman with anorexia nervosa”
The silent courtroom: A hearing without sound – and why transparency matters
By Celia Kitzinger, 26th February 2023 On Wednesday 22 February 2023, I watched two and a half hours of a hearing before Mr Justice Moor in the Royal Courts of Justice – without any sound, because Cloud Video Platform was malfunctioning. Cloud Video Platform (CVP) often malfunctions. I’ve heard lots of judges complain about it during courtContinue reading “The silent courtroom: A hearing without sound – and why transparency matters”
Man lives for months in care home bathroom: “An egregious situation”
By Celia Kitzinger, 22nd February 2023 The man at the centre of this case is in his mid-50s and lives in a care home – or more specifically, in a communal bathroom of a care home. He “retreated” to the bathroom more than six months ago in July 2022 “where he has essentially remained and emerged on only limitedContinue reading “Man lives for months in care home bathroom: “An egregious situation””
Standoff about the appropriate expert: A pragmatic judicial solution
By Celia Kitzinger, 21 February 2023 Laura Wareham, 34, has been in hospital since April 2022 following an emergency admission. She has “a hugely complicated medical background”, including “autistic spectrum disorder”, “bipolar affective disorder” and “Bodily Distress Syndrome”. An independent expert has found that she lacks capacity to make decisions about residence, care and support, medical treatment andContinue reading “Standoff about the appropriate expert: A pragmatic judicial solution”
Review of court-authorised insertion of a PEG tube contrary to her wishes: Has it “all worked out” for EJ?
By Upeka de Silva, 15 February 2023 The person at the center of this case is EJ – a 27-year-old woman diagnosed with rapidly deteriorating Functional Neurological Disorder (FND). She attended A&E on crutches reporting decreased mobility in her legs in April 2022, was admitted as an inpatient, and became rapidly worse so that now she is bedContinue reading “Review of court-authorised insertion of a PEG tube contrary to her wishes: Has it “all worked out” for EJ?”
A challenging capacity assessment and a professional witness in court
By Josie Seydel and Claire Martin, 19 February 2023 Editorial Note: A psychologist gave professional witness evidence at this hearing about P’s capacity to make decisions relating to care and contact. The two observers who’ve co-authored this blog post are also psychologists. Listening to his evidence, they have come to opposite conclusions about P’s capacity. In this blogContinue reading “A challenging capacity assessment and a professional witness in court”
Forced Marriage Protection Order
By Celia Kitzinger, 16 February 2023 The young man at the centre of this case (M) is 24 years old and has been diagnosed with moderate learning disability and “autistic tendencies”. Back in August 2020, M’s mother told social workers that she had found a ‘suitor’ for her son in Pakistan, and that she plannedContinue reading “Forced Marriage Protection Order”
Promoting Open Justice in the Court of Protection 