By Ruth Hughes KC, 22nd April 2025 Editorial note: We commissioned this blog post due to the interest in statutory wills generated by the case of W v P [2025] EWCOP 11(T3) which was heard in private. The blog author acted for the P in that case, instructed by the Official Solicitor. We have alsoContinue reading “Statutory Wills: A barrister explains”
Tag Archives: Not Secret Court
If this had been my first court observation, it would have been my last!
By Clare Fuller, 17th April 2025 In the following blog, I’m going to combine two experiences of the same event written contemporaneously and originally as separate pieces. The event is a hearing in the Court of Protection and both experiences are mine. In Part 1 I describe abortive attempts to obtain a hearing link. InContinue reading “If this had been my first court observation, it would have been my last!”
A named defendant awaits sentencing for contempt of court
By Claire Martin, 16th April 2025 Following an adjourned committal hearing back in December 2024, we were concerned that the defendant (referred to only by his initials, “MW”), who is facing a prison sentence for contempt of court, had been anonymised in the public court lists – and the observer considered it likely that thereContinue reading “A named defendant awaits sentencing for contempt of court”
Transparency in twenty days at Cardiff Court of Protection
By Kim Dodd, 15th April 2025 I was a Litigant in Person in my dad’s Court of Protection case from February 2024 until his death in August 2024. He died in the care home it was deemed to be in his best interests to be forcibly removed to, from his own home – despite hisContinue reading “Transparency in twenty days at Cardiff Court of Protection”
Our ordinary story ….and how it became an unbelievable family experience of the Court of Protection
By Amanda Hill, 9 April 2025 (Amanda previously wrote a blog about her experience in March 2023. She had to write that under a pseudonym, Anna. This is what she wrote at the time: https://openjusticecourtofprotection.org/2023/03/17/deprived-of-her-liberty-my-experience-of-the-court-procedure-for-my-mum/) Last weekend I read through the 300-page court bundle of documents associated with my mum’s Court of Protection (COP) caseContinue reading “Our ordinary story ….and how it became an unbelievable family experience of the Court of Protection”
Draconian reporting restrictions (now lifted) in a contempt of court case: Severing continuity between judgments
By Amanda Hill and Claire Martin (with acknowledgment of significant input and support from Celia Kitzinger) Update 26 May 2025: The application to vary the reporting restrictions was successful and a judgment, [2025] EWCOP 16 (T3), was published on the National Archives Friday 23 May 2025. We will blog about the hearing to vary theContinue reading “Draconian reporting restrictions (now lifted) in a contempt of court case: Severing continuity between judgments”
District Judge Weir thanks a Sheffield City Council social worker for her “enthusiasm and passion”
By Daniel Clark, 4th April 2025 The person at the centre of this case, who I’ll refer to as J, is a man in his 30s with a diagnosis of schizoaffective disorder. On several occasions he has been detained in hospital pursuant to the Mental Health Act 1983, and he now resides in what soundedContinue reading “District Judge Weir thanks a Sheffield City Council social worker for her “enthusiasm and passion””
Judge approves statutory will in contested hearing
By Celia Kitzinger, 27th March 2025 “This is one of the most clear-cut cases I’ve seen. You have provided support, community and love to somebody in the times they really needed it. I want to acknowledge, on behalf of this court, the job you have done and continue to do”. That’s what the judge saidContinue reading “Judge approves statutory will in contested hearing”
Two years on, P is still missing: Judge refuses application to conclude proceedings, holds proceedings partly in private, and issues injunction with penal notice against mother
By Amanda Hill, with contribution from Tim Sugden and Celia Kitzinger, 26th March 2025 The protected party in this case, “P”, is a woman in her early twenties, with diagnoses of autism, ADHD, behavioural difficulties and limited communication skills. Her mother took her to Jamaica in February 2023 “seemingly to evade the involvement of social careContinue reading “Two years on, P is still missing: Judge refuses application to conclude proceedings, holds proceedings partly in private, and issues injunction with penal notice against mother”
“I’m making these orders not for my own amusement, but for P”: Judge admonishes professionals over “disappointing” failures
I observed the judge’s surprise and exasperation at the lack of progress in HMB’s case as performing a function of delegitimising and ‘calling out’ the situation…. Hearing such disapproval from someone exercising the authority of the court (in open court) felt like a powerful counter to such tacit social legitimisation that I wish more of society could (or would) hear.
Promoting Open Justice in the Court of Protection 