Untenable and unsafe: A trial of living in the community breaks down

So, Mr G will return to the safety of residential care, where he will no doubt continue to rage against his incarceration, but there will be a suitable infrastructure to help him manage his precarious health condition. The question one is left with, of course, is, as Munby J famously said: “What good is making someone safer if it merely makes them miserable?”

Disputes about COVID vaccination should be rapidly referred to the Court

“at First Avenue House – and I’ve checked with the senior judge – if an application comes in concerning a dispute about vaccination, one of our technical experts will deal with it, and it will be referred to a judge quickly.  The arrangements in the regional hub courts are similar – the court staff are alert to the need to progress vaccination applications quickly” (DJ Mullins)

Covid vaccination and a Christmas visit

Her mother very badly wants PH to come home for Christmas. She described how she and her daughter “love each other dearly” and “have joy and pleasure in the time we spend together”. Her daughter she said, “loves Christmas decorations and a tree” – and visible on screen, in her home behind her, was a decorated tree with multi-coloured lights.  

Experience of a new witness in the Court of Protection

Recently I was sworn in to give evidence in the Court of Protection as a witness of fact for the first time…. not intimidating…. attending the COP as a witness of fact was a valuable experience before being called in an expert capacity and helped to build my confidence in my skills in defending my opinion and how I can help court consider a patient’s neuropsychology needs. 

Family witnesses in court: Four reflections on Re AH (A Rehearing)

Suggesting that the family is lacking in objectivity because they are in some way psychologically compromised serves the purpose of undermining and discrediting their evidence.  This was not necessary to powerfully argue the Trust’s case that ongoing life-sustaining treatment is not in AH’s best interests. The medical evidence stood alone.

Elective caesarean in her best interests

Despite guidance concerning applications for court-sanctioned interventions in childbirth, it’s common for cases to come before the court (as here) where women are within 4 weeks of their expected delivery, and judges regularly express concern that they are having to make decisions about childbirth for women close to (or even after) their due dates. 

Health and Welfare Attorney applies for urgent hearing on life-sustaining treatment

The patient’s son and daughter had been asked to agree to the insertion of the naso-gastric tube (on about 23rd October 2021) but had not been consulted about its removal.  They say they’d not been told about the removal of the tube in advance, or asked what their mother would want. 

Approving a conveyancing plan to move P to residential care

The need for an urgent hearing was because the house that P had been living in had been sold at auction and completion of the sale was due the following week (on 18th November). The house needed to be cleared of furniture and effects before then.  Additionally, P needed to vacate the property and live elsewhere.

Naming a putative ‘expert’ in a COVID vaccination case: A letter to the judge

Videos posted by Dr Rogers online include assertions that masks are ineffective and that it is not “a good thing to do” to have a vaccine unless you are very elderly or vulnerable. 

Fact-finding, ‘magnetic importance’, and the consternation of colleagues: A final hearing adjourned

At the heart of this hearing is the question of whether P can live with her mother, who loves her and wants to care for her. Attempts to elicit P’s wishes and feelings have been unsuccessful, but the social worker has said that “having observed the loving and affectionate relationship that [P] has with her family and that she has been cared for by them throughout her life, it is understood that [P] would wish to continue to stay with her family and be cared for by them”.