By Michelle Hughes (with postscript by Celia Kitzinger), 23rd April 2025 Update 23rd September 2025: A judgment has been published for this case, Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3) Henke J found that P does have capacity. Para 60 reads: “I have written this judgment to enable AW to have aContinue reading “A SEND advocate observes a hearing in the Court of Protection: Learning about the Official Solicitor – and a penal notice against an expert witness”
Tag Archives: official solicitor
“Getting it right first time around”: How members of the public contribute to the judicial “learning experience” about transparency orders
By Celia Kitzinger, 7th June 2024 We operate a “Watch List” at the Open Justice Court of Protection Project. We do this because the Court of Protection doesn’t always get things right first time around. Sometimes we find repeated problems with how particular judges’ hearings are listed (e.g. they don’t have descriptors to tell us what they’reContinue reading ““Getting it right first time around”: How members of the public contribute to the judicial “learning experience” about transparency orders”
No decision without representation
There was no legal representation for Mr M, nor was he in court himself. The judge said, right away, as soon as this became apparent: “I’m highly unlikely to do anything of substance today, without him being represented”.
A Decision about Capacity
Ruth was not in court. She was represented in court by a barrister appointed and instructed via the Official Solicitor. Her barrister reported that “Ruth is very clear in her own mind that she does not lack capacity to make these decisions”. But he did not argue on her behalf that the court should accept that she has capacity.
Promoting Open Justice in the Court of Protection 