“…Understandably, the decision to prescribe an antipsychotic to a person with dementia and administer it covertly should not be taken lightly. Counsel in this hearing noted that it represented a ‘significant interference’ with P’s human rights…”
Tag Archives: Not Secret Court
Authorising restraint– an uneasy judicial decision
“…The person at the centre of the case (“F”) was described as an intelligent, articulate woman. She is 38 years old and has end-stage kidney failure. She had refused dialysis between 28 July and 11 August 2020 and was at a real risk of dying…”
Lasting Powers of Attorney: Preferences and Instructions
By Heledd Wyn – 3rd September 2020 Hearings in the Court of Protection sometimes include consideration of Lasting Powers of Attorney (LPA). Did the person have capacity to grant the LPA? Do they have capacity to cancel it? Is the attorney acting in the person’s best interests? In this blog I consider the importance of LPAs asContinue reading “Lasting Powers of Attorney: Preferences and Instructions”
Justice Delayed
“…my overriding impression was a sense of outrage at the impact that the delays described were demonstrably having on P and on his quality of life…”
“I have reached a clear conclusion that AB lacks capacity to decide whether or not she should be tube fed.” – Commentary on Judgment
“…The outcome of the judgement is the same for AB, regardless of whether she is deemed to have capacity or not, since NG feeding is judged not to be in her best interests. But a judgement in line with our argument would have given effect to her autonomy and recognised that it is her decision to seek palliative care, rather than a best interests decision made by the judge on her behalf.”
When P is in prison
“…According to Julie Hinnigan, the failings in social services were in part due to lack of knowledge and support for autistic adults – especially those, like Joseph, who don’t also have a learning disability. ..”
Questions of Capacity
“…by gum, I’ve learnt so much more than from the mandatory eLearnings I have recently completed. Having got to grips with the legislation, I’m now on the lookout for a court hearing before a district judge so as to be able to observe the discussions and decision making regarding capacity, autonomy etc that challenge me on a day to day basis.”
A Patient with Severe and Enduring Anorexia Nervosa: The need for a declaration and the capacity to make a decision
“…The judgment for this hearing will be handed down within the next week. If AB is found to have capacity by Mrs Justice Roberts, this will be the first case in England and Wales since 2012 in which a patient with severe and enduring anorexia nervosa is found to have capacity to make her own decisions about nutrition…”
How to Find a Court of Protection Hearing to Observe
By Celia Kitzinger, 17th August 2020 There are various ways for you to find a hearing to observe, if you are interested in seeing law in action in the Court of Protection. Obviously, you can simply pick one of our “Featured Hearings” from the home page of our website: we update them every evening forContinue reading “How to Find a Court of Protection Hearing to Observe”
Bearing Witness: Anorexia Nervosa and NG Feeding
“Yesterday I bore witness. I cannot think of an opening statement to articulate the experience better…”
Promoting Open Justice in the Court of Protection 