By Helen Moizer, 7th April 2022 The value of observing a case management hearing in the Court of Protection. When I observed a Court of Protection hearing for the first time, I did not know what I was entering into or what to expect. Despite it being a video hearing link, I still felt apprehensiveContinue reading “The value of observing a case management hearing in the Court of Protection”
Tag Archives: Not Secret Court
Two years on: A postscript to “Remote justice”
What families mean by “gravitas” (dignity, seriousness, solemnity) does not in fact reside in court architecture, coats of arms, wigs and robes, or rituals of address and behaviour. In my experience, these external manifestations of “justice” can sometimes seem rather ridiculous, and the “performance” element of the courtroom can alienate lay people and distract everyone from the serious business at hand. Rather, the “gravitas” families appreciate is a quality of attention, a focus, a willingness to engage, in depth, with the medico-legal and ethical issues before the court.
Advocacy in the William Verden hearing: Observations from a trainee barrister
Court of Protection hearings provide very valuable opportunities to observe the practice and effect of oral and written advocacy from skilled QCs and other barristers. Every trainee barrister would come away stronger after observing a Court of Protection hearing…. This was a profoundly useful hearing to observe as a Bar student.
Best interests and kidney transplantation: Closing submissions in the William Verden case
By Bonnie Venter, 7th March 2022 UPDATE: The judgment in this case is now published: Manchester University NHS Foundation Trust v WV [2022] EWCOP 9 (08 March 2022). Latest news: “Autistic kidney-row teen’s transplant ‘a success’“ This post is about the final day of the hearing concerning whether it is in William Verden’s best interestsContinue reading “Best interests and kidney transplantation: Closing submissions in the William Verden case”
Communicating bad news: A s.21A decision
By Celia Kitzinger, 1 March 2022 Ms C says she hates where she lives – in a residential care home (I’ll call it“Beech House”). She has said so “loudly”. She expressed her “strongly held feelings” directly to the judge when he met with her on 25th January 2022. Throughout that meeting she maintained, in strong terms, thatContinue reading “Communicating bad news: A s.21A decision”
Delay in finding a suitable placement for a young adult with Prader-Willi syndrome
By Aura Mackintosh Bamber, 22 February 2022 For any child’s family, a diagnosis of Prader-Willi Syndrome brings with it a number of responsibilities and worries that are involved in properly caring for and managing this complex disorder. These worries are only exacerbated when a decision is made to deprive that child of their liberty inContinue reading “Delay in finding a suitable placement for a young adult with Prader-Willi syndrome”
Prader-Willi Syndrome and Transparency
A young man with Prader-Willi Syndrome was at the centre of a hearing before Theis J. I can only tell you this because journalist Brian Farmer and I made submissions to the judge saying that we should be allowed to report it and she eventually agreed.
A response to ‘The politics of the pandemic…’: COVID-vaccination of a disabled man
Let me be clear: I also do not know where the evidence points, because the evidence is not reliably available to examine. I do not know this because the supremacy of evidence-based medicine has been lost, which is personally devastating, as I wonder what will happen to evidence, debate, scientific method and freedom to explore uncertainty.
Not quite there yet: My first three attempts to observe a Court of Protection hearing
The Judge then went on to say that as I had only requested access at 10.50pm the evening before, she had not had time to go through formalities. She then referred to Claire Martin, another public observer (and core member of the Open Justice Court of Protection Project) who was also observing the proceedings and requested that we ‘kindly leave’. So that was that. Abrupt as it was, I duly obliged, and felt slightly down beaten at this point.
Capacity and elective caesarean
By Samantha Halliday, 26 January 2022 I have written extensively about court-authorised obstetric intervention[i] but I’ve always relied upon reported decisions. I am acutely aware that as Rosie Harding has commented: “When only the judgment is available for academic scrutiny, we cannot be clear as to the ways that the various submissions were framed”. That being the case,Continue reading “Capacity and elective caesarean”
Promoting Open Justice in the Court of Protection 