In 2022, I applied for a statutory will on behalf of my sister, Polly Kitzinger, who has an acquired brain injury dating from a car crash back in 2009. It was a simple and uncontested case. The judge decided it on the papers, without a hearing.
Tag Archives: Open Justice
Positive Obligations under Article 5 and The Attorney General’s Reference to the UKSC
The AIRE Centre is a specialist human rights legal charity, which uses the power of European law to protect individual and collective fundamental rights [The AIRE Centre]. The AIRE Centre intervened in Cheshire West and applied to intervene in the AG’s Reference but was refused permission.
Writing support plans, an appropriate 1.2 rep, and educational provision
At the December 2024 hearing (which I did not observe), the judge had directed that an up-to-date Care Act assessment and support plan be filed with the court in time for the next hearing. That hadn’t happened by the time of the April hearing, and he wanted to know why not.
Renal Failure Case Returns: Dialysis problems and Barnet’s non-compliance with a court order
Non-compliance from the public body was dealt with by judicial expressions of incomprehension (“I’m struggling to understand…”) about the Local Authority’s failure to act and about their failure to apologise for not doing so. This led to an acknowledgement of (some) fault by Barnet…
Contact Restrictions between P and their Family in the Court of Protection: How Decisions Are Made
Contact is a recurring issue in Court of Protection proceedings. I have been working in this area for eight years and my rough estimate would be that a dispute around contact (justified or otherwise) has arisen in around 30-40% of the cases I work on.
Hoarding: P is removed from his home by court order with no suitable alternative accommodation provided
At the time of the hearing, P is living in a local hotel at his own expense. The LA has been unable to find suitable accommodation for him locally and after considering the alternative (a flat more than an hour away from his home) the judge ruled he should stay where he is.
Feeding under sedation for anorexia nervosa: The outcome for LV [2025] EWCOP 9
By Sydney White, 18th November 2025 The protected party at the centre of this case, LV, is a 20-year-old woman diagnosed with anorexia nervosa, autism spectrum disorder, severe depression, and anxiety. At the time of the first Court of Protection hearing, in early 2025, she was an inpatient on a ward in a specialist eatingContinue reading “Feeding under sedation for anorexia nervosa: The outcome for LV [2025] EWCOP 9”
Hoarding and best interests challenges for the Court of Protection
By Claire Martin, 16th November 2025 The protected party at the centre of this case (P) is a man who has significant hoarding difficulties. The Local Authority wants him to leave his home – either by agreement or by force – to enable them to clear the property and assess the amount of work thatContinue reading “Hoarding and best interests challenges for the Court of Protection”
P’s Advance Decision to Refuse Treatment is not valid, not applicable, and not a reflection of her past or present wishes
It seems to me that the judge was entitled to make the decision that P’s ADRT was invalid. That causes me concern because of what it means not just for P but for everyone else with ADRTs. Do our ADRTs adequately reflect what we want? Do we really understand what they might mean for how we are treated – or not treated – in future?
Non-compliance: What happens when public bodies don’t obey court orders?
It concerns “non-compliance issues” in a case called JS v South Tyneside Council – and I guessed (correctly) that the non-compliance related to the behaviour of South Tyneside Council rather than to JS, the protected party in the case.
Promoting Open Justice in the Court of Protection 