By Claire Martin, Celia Kitzinger, Peter C Bell and Kim Dodd, 22nd May 2024 A few months ago, we published an audit of “private” hearings – that is, hearings that appear as “private” in the lists on Courtel/CourtServe. What we found is that at least 50% of those “private” hearings had been wrongly listed as such. The judgeContinue reading “A private hearing before DJ Glassbrook”
Tag Archives: Open Justice
Anorexic woman gets to make her own (incapacitous) decisions, says Hayden J
By Celia Kitzinger, 19 May 2024 “It does not follow that when a judge is satisfied that the presumption of capacity has been rebutted that it is automatically incumbent on the court to take decisions for the protected party…. Sometimes it is in the best interests of the protected party to take decisions for themselves,Continue reading “Anorexic woman gets to make her own (incapacitous) decisions, says Hayden J”
A chaotic start to a hearing – and assessment of Mum as carer ordered
By Amanda Hill, 17 May 2024 “Open justice is a fundamental principle in our courts”. That is the standard line included in many of the court listings. This means that members of the public, like me, can observe hearings. Sometimes, obstacles are put in our way. In this hearing, certain members of the public wereContinue reading “A chaotic start to a hearing – and assessment of Mum as carer ordered”
Centenarian challenges deprivation of liberty – and judge manages transparency failings efficiently
Celia Kitzinger, 16 May 2024 There are more than 500 centenarians in Devon, and she’s one of them. Until September 2023, she lived at home with her daughter. Now she’s deprived of her liberty in a care home, where she’s been for around six months, following discharge from hospital after a fall. She wants toContinue reading “Centenarian challenges deprivation of liberty – and judge manages transparency failings efficiently”
Capacity and sexual relationships – an ongoing challenge and some cautionary notes
Ruby Reed-Berendt and Beverley Clough, 13 May 2024 This blog is a summary of a recent article published in the International Journal of Law and Psychiatry, as part of a special issue on mental health and borders. You can read the article in full here. Peter (not his real name) is nearly 20 years old andContinue reading “Capacity and sexual relationships – an ongoing challenge and some cautionary notes”
Open justice fails again: This hearing wasn’t publicly listed – then the judge denied us remote access, and never sent the approved order
By Celia Kitzinger, 12 May 2024 Last week, Mr Justice Nicklin was announced as the chair of the judiciary’s new transparency and open justice board. He gave a speech welcoming “a new breed of court reporters” – and the “hugely valuable contribution” made by members of the public who tweet or blog from court. It’s lovely to feel “seen” and valued likeContinue reading ” Open justice fails again: This hearing wasn’t publicly listed – then the judge denied us remote access, and never sent the approved order “
Crisis point – is hospital a viable option for P?
By Amanda Hill, 9th May 2024 The protected party in this case (“L”) is a man in his twenties with “significant learning disability”, autism and complex physical disabilities. He had been living at home with a care package in place until July 2021, when his care package broke down and he was moved to a newContinue reading “Crisis point – is hospital a viable option for P?”
A day in the Court of Appeal
By Cliodhna Carroll, 8th May 2024 Editor’s note: You too can watch this hearing – it’s recorded and available on YouTube here: https://www.judiciary.uk/live-hearings/re-a-by-her-litigation-friend-the-official-solicitor/ On 30th April 2024, having cancelled my day due to a bad cold and looking like Rudolph the reindeer, I reached for my iPad to find something to entertain me and remembered thatContinue reading “A day in the Court of Appeal”
“Substantial disagreement” about whether P should return home
By Daniel Clark, 6 May 2024 Mrs F has a diagnosis of schizophrenia, and has been detained under the Mental Health Act 1983 on a number of occasions. She is currently residing in a mental health hospital. She is medically fit for discharge and subject to a standard authorisation under the Deprivation of Liberty Safeguards. TheContinue reading ““Substantial disagreement” about whether P should return home “
Final considerations for a s21a challenge: Questions about truth-telling to someone with dementia and, yet again, issues with the Transparency Order
By Daniel Clark, 2nd May 2024 Mrs B has a diagnosis of dementia and has lived in a care home for over a year. She does not want to live in a care home; she wants to return home and can see no reason why she can’t. However, her home has been sold and sheContinue reading “Final considerations for a s21a challenge: Questions about truth-telling to someone with dementia and, yet again, issues with the Transparency Order”
Promoting Open Justice in the Court of Protection 