By Claire Martin, 6th November 2024 UPDATE: An application to name the local authority (originally prevented by the terms of the Transparency Order) was successful. The local authority is Royal Borough of Windsor and Maidenhead . This hearing (COP 11868452), before HHJ Tolson, on 23rd September 2024, at Reading County Court, was listed as a two-hour ‘fact-finding’Continue reading “How much court ‘oversight’ should there be in long-running COP cases? “
Tag Archives: Open Justice
A protracted hospital stay: A next hearing in the ‘renal failure’ case
At the end of October 2024, a man in his forties with Down Syndrome and learning disabilities, was removed from his home and transferred to hospital against his own and his father’s wishes.
An urgent case: Renal failure and an application for forced ‘extraction and conveyance’ to hospital
By Claire Martin, 31st October 2024 P is a man in his 40s, with Down Syndrome and learning disabilities. Two years ago, in 2022, he was diagnosed with ‘significant renal problems’. They’ve been difficult to monitor because P’s father, with whom he lives, is said to believe that doctors intend to harm his son. TheContinue reading “An urgent case: Renal failure and an application for forced ‘extraction and conveyance’ to hospital”
Treatment for Anorexia Nervosa: A brief directions hearing (with a new postscript on transparency)
This case concerns CC, who has a diagnosis of anorexia nervosa. A Trust seeks court declarations about her treatment.
Moving forward in Re A (Covert Medication: Closed Proceedings): A social work perspective
The reality is that they are likely to experience ongoing and significant state intervention with potentially daily visits from carers, fortnightly visits from health and social care practitioners, medical and hospital appointments etc. While living at home with her mother has been what A has been asking for all along, and the court has determined that it is in her best interests to do so, it may not feel like the least intrusive option given the level of scrutiny and stress they will be exposed to
A is back home and taking her medication voluntarily: The final hearing in Re A (Covert Medication: Closed Proceedings)
By Claire Martin, 23rd October 2024 Editorial note: Another observer (Meg Niven Withers, a social worker) also watched this same hearing and has blogged separately here: Moving forward in Re A (Covert Medication: Closed Proceedings): A social work perspective The case (Re: A) has been in the Court of Protection since 2018 and we’ve been following itContinue reading “A is back home and taking her medication voluntarily: The final hearing in Re A (Covert Medication: Closed Proceedings)”
Can the court require certain information to be reported and specific words to be used as a condition of publication about proceedings?
‘The court gives permission asked for in paragraphs 1 & 2 on condition that […] the family members are referred to as “they/them” instead of [xxxxxxxx redacted – the words were conventional gendered pronouns]…. any publication should record that there was no formal application made by any party to convert the proceedings from private to public, save for there being a short discussion at the beginning of the hearing’
Fifteen Top Transparency Tips for Judges
By the Core Team of the Open Justice Court of Protection Project, 15th October 2024 The Open Justice Court of Protection Project (henceforth OJCOP) was founded by Celia Kitzinger and Gill Loomes-Quinn in June 2020 to support and promote the judicial aspiration for transparency in the Court of Protection, by encouraging members of the publicContinue reading “Fifteen Top Transparency Tips for Judges”
Elucidating the meaning of deprivation of liberty orders: HHJ Burrows and local authority at cross-purposes on DOLS and care plans
By Celia Kitzinger, 10th October 2024 Update: The judgment has now been published (click on the link in the title of the case): Bury Metropolitan Borough Council v EM & Ors [2024] EWCOP 76 (T2). The judge refers to the protected party as “Emma” in that judgment, so I’ve amended this blog to reflect that.Continue reading “Elucidating the meaning of deprivation of liberty orders: HHJ Burrows and local authority at cross-purposes on DOLS and care plans”
A Puzzling Application, Breach of Court Orders and Draconian Restrictions
By Hita Jadeja, 9th October 2024 This case concerns a young lady (P) with diagnoses of ADHD and Autism Spectrum disorder and with a history of self-harm. She is currently in a rehabilitation placement following treatment at a mental health hospital. HHJ Burrows heard the matter (COP 14216532) remotely via MS Team, on 9 September 2024Continue reading “A Puzzling Application, Breach of Court Orders and Draconian Restrictions”
Promoting Open Justice in the Court of Protection 