By Celia Kitzinger, 30th March 2026 A Court of Protection judge has refused an application from South Tyneside Council to make a Civil Restraint Order (CRO) against the father of a young autistic man living in supported accommodation. I observed the hearing (COP 14075351) before Mr Justice Poole sitting in person in the Royal CourtsContinue reading “Judge refuses to make Civil Restraint Order against P’s father”
Tag Archives: Open Justice
“Open Justice is not open sesame” Court of Appeal told in court document disclosure case
According to the appellant, an “urban myth” had developed about the application of the ‘open justice’ principle to Court of Protection hearings. Flowing from that urban myth, and exemplified by this case, was the proposition that non-parties have rights to access hearings (and materials relevant to hearings) before the Court of Protection, exercisable upon request, and for their benefit (Written submissions of Alex Ruck Keene KC (Hon))
Court of Appeal to decide whether open justice applies to the Court of Protection: Briefing for CA-2025-001953 Re Gardner (Deceased)
In this ‘advance briefing’, I will set out the relevant background and a short summary of the arguments of the appellant and the intervenors. I hope this will assist observers to follow the hearing – either in real-time (in person in the Royal Courts of Justice or via the live-stream) or subsequently via the recording likely to be available after the hearing on the court’s YouTube channel.
The gulf between theory and practice: Open justice in the Court of Appeal
By Celia Kitzinger, 24th February 2026 The judgment is now published (click on the title to read it) Lesley Barnor Townsend -v- Epsom and St Helier University Hospitals NHS Trust [2026] EWCA Civ 195 UPDATE 27th February 2026 The Court of Appeal decision: Permission to appeal was granted on Ground 3 and the appeal hasContinue reading “The gulf between theory and practice: Open justice in the Court of Appeal”
How to vary the duration of a Transparency Order from “until further order of the court” to “until the death of P”: My family’s Court of Protection story continued
By Amanda Hill, 12th February 2026 I am the daughter of a protected party in the Court of Protection. I can say that because at a hearing in March 2025, HHJ Murch approved my application to vary the Transparency Order covering my mum’s case, so that I could be identified as a family member ofContinue reading “How to vary the duration of a Transparency Order from “until further order of the court” to “until the death of P”: My family’s Court of Protection story continued”
“This cannot be allowed to carry on”: A non-compliance hearing with NHS Humber and North Yorkshire ICB
According to the OS, there had been “a disagreement between the parties” about whether or not the court ought to make that order in the first place (the ICB wanted instead to focus only on whether and how improvements could be made to JH’s current home) – so it rather looks as though the ICB has simply failed to comply with an order they don’t like.
P removed to residential care due to father’s non-compliance with orders for renal dialysis
P enjoys much of his life, his sports and his social time. His wishes and feelings are to live – but while living at home with his father he’s not been attending dialysis sessions regularly – despite a court order that his father must take him. Father remains in denial of the necessity for treatment and P’s high potassium levels could lead to early death.
Appealing a Court of Protection judgment
This post offers a basic introduction to Court of Protection appeals. It covers (1) the general principles that govern appeals and why appeals fail at an early stage (2) the procedure for making an appeal and some common reasons and (3) some alternatives to an appeal.
Unfair judicial criticism of observers is bad for transparency
I’m not immune from criticism, here. What I thought were my reasonable efforts to get clarity about whether this hearing was going ahead, and then my further attempts to get the link, seem to have created problems for HMCTS staff. Those miscommunications and misunderstandings swirled around a judge who probably didn’t even have time for a cup of tea between hearings. It wasn’t my intention to exacerbate those stresses and, in future, I’ll just send any and all correspondence direct to the hub. That’s what I’ve learnt from this experience. I hope there’s some judicial learning from this experience, too.
What’s the difference between a barrister and a solicitor (and a legal executive)?
By Lucy Reed, 21st January 2026 Barristers, solicitors and legal executives are all lawyers, but they are different types of lawyers. There are many similarities and many differences. One is not ‘better’, more experienced or more senior than the other. They have quite different training and expertise and do different types of legal work. The system thatContinue reading “What’s the difference between a barrister and a solicitor (and a legal executive)?”
Promoting Open Justice in the Court of Protection 