If Polly had been through her car crash and hospital treatment and recovered sufficiently to analyse and present what had happened to her, then we believe she would have told her own story publicly. The thought that a court reporting restriction would have left Polly beside herself with rage.
Tag Archives: Open Justice
Response to the Online Procedure Rule Committee
Celia Kitzinger on behalf of the Open Justice Court of Protection Project, 17th January 2026 This is our response to the Online Procedure Rule Committee consultation about the Core Rules and Pilot Schemes 2026. There was very little about transparency and open justice in these rules. We responded solely on that matter. More information aboutContinue reading “Response to the Online Procedure Rule Committee”
Suspended prison sentence for unrepresented defendant – who is “entitled to disagree but not to disobey”
“The court said what needed to be done. You disagreed. You’re entitled to disagree but you’re not entitled to disobey the court order which is what you’re alleged to have done.” (HHJ Burrows)
Sisters in dispute about how best to care for their mother
By Jenny Kitzinger, 11th January 2026 Caring for aging parents who have declining physical and mental capacity can lead to family conflict. There may be different understandings of what the parent wants or needs (and how to balance independence and risk) and different views on likely future deterioration. This can be compounded by disputes aboutContinue reading “Sisters in dispute about how best to care for their mother”
A deputyship application gone astray
What a mess! The Court of Protection seems here (from what the daughter said, not contested by the judge) to have actively worked against P’s best interests. It cannot possibly have been in his best interests have his bank account frozen for more than three years – when the money could almost certainly have been invested and gained better interest elsewhere and debts would have been paid.
Learning from five nonagenarians: Can we avoid becoming a “P” in the Court of Protection in our old age?
In a single month, I observed five hearings involving nonagenarians – people in their nineties. I can’t imagine that anyone would choose to be involved – or to have their family members involved – in Court of Protection proceedings as they approach the end of their life. I’m not sure, though, having considered these five cases carefully (and looked at others we’ve blogged about) that there’s much we can do to avoid it.
A public interest case with significant redactions
This case will return to court on a day I can’t tell you before a judge I can’t name. To find the case, you’ll need to look at the listings for a hearing centre I can’t tell you, and ask to observe the case by reference to case number that I can’t give you.
Applying for a statutory will: Observation and personal experience
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.
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.
Promoting Open Justice in the Court of Protection 