By Claire Martin, 9th July 2024 At the centre of this case is Mrs G who has come to the attention of the court because carers have alleged that her daughter is abusing her. Mrs G is said to complain to carers about her daughter’s behaviour, and then to retract these statements later. Her capacity to decide aboutContinue reading “Complex issues for the court and plans for an ‘omnibus’ capacity hearing”
Tag Archives: Open Justice
Daughter’s home in jeopardy when mother dies and father lacks capacity
By Georgina Baidoun, 4th July 2024 This case caught my attention because it was listed (see below) as concerning “authorising a gift or settlement of property” – and it turned out to be a substantial gift (a house). My request to observe the 11.00am hearing (COP 13569463) before DJ Ellington was answered with a linkContinue reading “Daughter’s home in jeopardy when mother dies and father lacks capacity”
Exemplary open justice: An in-person hearing at Teesside Combined Court
By Claire Martin, 2nd July 2024 I have observed more than sixty Court of Protection remote hearings (via MS Teams or Cloud Video Platform) but only one hearing in person, at a regional court (Newcastle). There were real challenges with that one – such as no listing of the hearing on the noticeboards at the court and no courtContinue reading “Exemplary open justice: An in-person hearing at Teesside Combined Court “
Prohibitive Transparency Orders: Honest mistakes or weaponised incompetence?
by Daniel Clark, 28th June 2024 I try not to see conspiracy behind the multiple transparency failures of the Court of Protection. The judicial system is busy and overstretched, and mistakes are (unfortunately) inevitable: links won’t be sent in time, listings won’t be always accurate, video links won’t always be set up. However, I mustContinue reading “Prohibitive Transparency Orders: Honest mistakes or weaponised incompetence? “
What does the Court of Protection need to know about “borderline personality disorder” or “emotionally unstable personality disorder”: An update
By Keir Harding, 19 June 2024 This is an update of a blog I wrote in November 2020. A few things have changed since then so while the bulk of the text is still intact, I’ve added a couple of developments and included what changes we might expect from the International Classification of Diseases [ICD]-11, the diagnostic manual inContinue reading “What does the Court of Protection need to know about “borderline personality disorder” or “emotionally unstable personality disorder”: An update “
Happy fourth birthday to the Open Justice Court of Protection Project
By the core team of the Open Justice Court of Protection Project, 15 June 2024 Four years ago today, on 15th June 2020, at the beginning of the COVID-19 pandemic, Celia Kitzinger (retired academic psychologist) and Gill Loomes-Quinn (disability scholar-activist) launched the Open Justice Court of Protection Project. It was born of our passionate belief that “publicityContinue reading “Happy fourth birthday to the Open Justice Court of Protection Project”
Irish cases in the Court of Protection
Jake Thorold & Chiara Cordone, 11th June 2024 Ordinarily, the Court of Protection is concerned with the personal welfare or property of people who are “habitually resident” (a term used in cases involving children and vulnerable adults) in England and Wales. On occasion, however, the Court is required to step outside of this comfort zoneContinue reading “Irish cases in the Court of Protection”
The Public Guardian, Gifts and Attorneys
By Georgina Baidoun, 10 June 2024 My interest in observing COP cases is limited to cases involving attorneys and deputies, and these are usually about property and financial affairs. There are few of them to observe and they are increasingly listed as being ‘in person’, which makes it hard for me to attend. I was thereforeContinue reading “The Public Guardian, Gifts and Attorneys”
“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”
My experience at Weymouth Combined Court: listing, access, and transparency
By Peter C Bell, 30th May 2024 It was one of those days where I had not really intended to do any Court watching. I was back in Weymouth to help the family to support my elderly father after the recent loss of both his wife (my mother) and then his elder sister and casuallyContinue reading “My experience at Weymouth Combined Court: listing, access, and transparency”
Promoting Open Justice in the Court of Protection 