By Celia Kitzinger, 17th August 2022 I’ve watched four different Court of Protection cases about people with “hoarding disorder”. In each one, the local authority had applied to remove the person from their home and rehouse them temporarily, dispose of hoarded property (exactly what could be disposed of, and when, was always contentious), carry out repairs,Continue reading “A case of hoarding”
Tag Archives: Not Secret Court
Reflections from a social worker on a case about capacity for sex: Hull City Council v KF
A key part of effective social work practice is being able to form open and trusting relationships with service users – relationship-based practice can facilitate more effective communication, allowing for transparency and a person-centred approach. Conflict often arises when outcomes don’t match a service users wish, creating a strain on the relationship. One way to rebuild this relationship is to keep the service user informed, ensuring they are aware of decisions being made and the reasons for them.
Capacity to have sexual relations with a specific partner: In the matter of Hull City Council v KF [2022] EWCOP 33
By Aisling Mulligan, 15th August 2022 As a barrister practising in Public Health Law in Ireland, I am familiar with the vulnerable client and the myriad complex questions that come before Courts. Ireland is due to commence the Assisted Decision Making (Capacity) Act 2015 (the 2015 Act), which creates a framework for supporting decision making where aContinue reading “Capacity to have sexual relations with a specific partner: In the matter of Hull City Council v KF [2022] EWCOP 33”
COVID-19 vaccination with sedation: Instructing an expert
By Anna (with Celia Kitzinger), 10th August 2022 This is one of a long series of hearings about COVID-19 vaccination in which family members argue against vaccinating P but the judge makes a decision to vaccinate. This case (COP 12219141) is a bit different from the others because the judge already made a decision that itContinue reading “COVID-19 vaccination with sedation: Instructing an expert”
Surgery for scoliosis when P indicates he doesn’t want it
By Celia Kitzinger, 8th August 2022 A 19-year-old man has severe scoliosis. The Great Ormond Street Hospital for Children NHS Foundation Trust seeks a declaration that it is lawful and in his best interests to undergo spinal surgery (with any deprivation of liberty that may entail). This is not a contested application. The young man (P) is representedContinue reading “Surgery for scoliosis when P indicates he doesn’t want it”
Court-authorised caesarean section for a mother with sickle cell disease who wants her baby to “see her face first”
I was struck when RO said “I don’t want to kill my baby”. I was already feeling disappointed for RO throughout the hearing, but these words left me feeling extremely sad for her. Was she feeling like the clinicians involved in her care were viewing her as killing her baby?
Who should take responsibility for property and financial affairs – the Local Authority or the family?
I can’t help feeling that there is a serious gap in the law which is supposed to ensure the best interests of someone who has been judged to lack capacity and yet (in the absence of an LPA) leaves their property and finances in limbo until another quite separate and lengthy legal process has taken place. I was very lucky that my mother’s house was not vandalized, as P’s house obviously had been.
Anorexia and refusing nutrition: An observer’s perspective on A Mental Health Trust v BG
By Charlotte Buck, 4th August 2022 This case concerned Anorexia and the refusal of clinically assisted nutrition and hydration (CANH) – another sad case brought before the Court of Protection for which the circumstances are all too familiar. I have always been interested in complex medical-ethical cases and, having volunteered on hospital wards for six weeks myself,Continue reading “Anorexia and refusing nutrition: An observer’s perspective on A Mental Health Trust v BG”
Observing a s.21A hearing and the importance of correctly drafting a Lasting Power of Attorney
The overall tone of the meeting was very positive, non-adversarial and there seemed to be a large degree of agreement between the participants. The judge was very welcoming and the overall impression from everybody was wanting to do the right thing for P.
Accessing a Court of Protection hearing as an observer: My experience
I hope that my experience will encourage other people to observe hearings, in the spirit of open justice. It was certainly a learning experience for me and I will definitely be observing more often. My experience – at least of this one hearing – is that accessing a COP hearing is not that hard, once the process is navigated.
Promoting Open Justice in the Court of Protection 