Protection versus Autonomy and Pragmatism versus Principle: A Balancing Act in the Court of Protection

“This is an account of a Court of Protection hearing before Mr Justice Hayden in the case of Re ‘D’ on Friday 19th June 2020. In it I aim to provide an insight into the hearing itself, and — as someone with a keen interest in the law but no legal qualifications — what it was like to observe…”

Seven Perspectives on a Court of Protection hearing

“…Rather than separate blogs, some of us decided to write down our individual observations and put them together in a single blog post, not least because it illustrates the different perspectives people from a range of different backgrounds bring – and hence the diversity of things they “see” – when observing the same case…”

Embedding Open Justice Through a University Law Clinic

“…I hope that readers of this blog will enjoy some posts from our students over the coming weeks, and that their contributions will further highlight the wide range of experiences of remote hearings…”

Two weeks of Open Justice Court of Protection

“…We look forward to our project playing a role in championing the values of Transparency and Disability Justice in the Court of Protection.”

Articulate, Eloquent and Passionate – but does P have the Mental Capacity to Make Decisions about Four Areas of her own Life?

“…The Judge gave P lots of time to put her case; nothing felt rushed and at the end both barristers, and P, were given the opportunity to add anything else. For the entire 60 minutes, P had probably talked for about 80% of the time…”

Bundles and Bundles of Documents

“The court bundle is, literally, a bundle of documents. In previous versions of the procedural rules for civil cases (i.e. those outside of the Court of Protection) it was explicitly said to be a ‘bundle of documents’ – though that seems to have fallen out of use in subsequent revisions of the rules.”

Capacity and Death in the Court of Protection

“…The hearing I observed gave me faith in the system and makes me believe that if things ever got to the Court of Protection, his rights would be respected…”

Transparency Orders: Reflections from a Public Observer

“…it’s important when writing about hearings observed in the Court of Protection, to bear in mind not only the legal requirements of the Transparency Order, but also the likely impact of what is written on the people centrally involved in the case…”

Person-Centred Decision Making in the Court of Protection

“…As a nurse my main focus is that the person remains at the centre of everything. It was so reassuring to see that this also was the primary focus within a formal court hearing for Mr Justice Hayden…”