By Deborah Airey, Amanda Hill (Anna), Jordan Briggs, Nikki Bowsley, Febienne Green, John Harper, Daisy Long, Gill Loomes-Quinn, Claire Martin and Tom McBride (co-ordinated and curated with an introduction by Celia Kitzinger), 18 October 2023 Note: This blog post was ready to publish on 24 July 2023 but publication has been delayed until today because weContinue reading “Tampering with equipment or failings in care? A fact-finding hearing (Part 1)”
Tag Archives: Open Justice
Mental Capacity, Disability, and ‘Voice’: A Socio-Legal Exploration
By Gill Loomes-Quinn, 4th October 2023 Editorial Note: Many congratulations to Gill Loomes-Quinn, co-director of the Open Justice Court of Protection Project, who successfully defended her PhD thesis “Mental Capacity, Disability and ‘Voice’: A socio-legal exploration” at her viva (oral examination) on Monday 2nd October 2023. Her PhD research was supervised by Anna Lawson andContinue reading “Mental Capacity, Disability, and ‘Voice’: A Socio-Legal Exploration “
Her day in court: Attorney fights to clear her name in the face of accusations from her brother and the Public Guardian
By Georgina Baidoun, 2nd October 2023 The hearing I observed (COP 13977140, listed for 12 noon on 18 September 2023 before HHJ Spinks sitting in Cambridge County Court) was a “final” hearing to last for two days, with the issue before the court being “Discharge/conduct of deputy or attorney, application by Public Guardian”. Committing toContinue reading “Her day in court: Attorney fights to clear her name in the face of accusations from her brother and the Public Guardian”
‘The horse has already bolted’: Transparency in a case of “brain-stem death”
By Celia Kitzinger, with Brian Farmer, 24 September 2023 On 9th July 2023, Andy Casey – then a healthy young man – was on a night out when he was assaulted in a pub garden. He was punched on the right side of his head and fell to the ground, with catastrophic injury to his brain. AnContinue reading “‘The horse has already bolted’: Transparency in a case of “brain-stem death””
Who cares for P? “Pragmatic harmony” finally breaks out in court
By Hartej Singh Saund-Matharu, 19 September 2023 In my first observation of a Court of Protection (CoP) hearing – and first blog – I will take you through who I am and my interest in the Court of Protection, the background of the case my experience of the hearing, and my analysis/reflections of the outcomeContinue reading “Who cares for P? “Pragmatic harmony” finally breaks out in court”
Man on children’s ward due to no suitable placement
By Ahmed Hussain, 19 September 2023 This case concerns a young man who has recently turned 18. He is currently present on a paediatric ward despite having been ready for discharge back in August (about three weeks ago). This situation has arisen due to the lack of suitable placement options. Furthermore, he cannot live withContinue reading “Man on children’s ward due to no suitable placement”
Anxious scrutiny or boilerplate? Evidence on Transparency Orders
By Celia Kitzinger, 15 September 2023 Introduction: On 21st October 2022, I submitted (at the request of counsel and with the permission of the court) a witness statement to Mrs Justice Lieven, concerning Case no. COP 13180943). I was asked to supply evidence as to how, according to my observations, Transparency Orders are actually workingContinue reading “Anxious scrutiny or boilerplate? Evidence on Transparency Orders”
Evidence for Ministry of Justice Consultation on “Open Justice: The way forward”
By Celia Kitzinger, 10 September 2023 Drawing on my experience with the Open Justice Court of Protection Project – and with some helpful input from other core team members – I submitted my views about open justice to the Ministry of Justice consultation, just before the deadline at 11.59 on 7th September 2023. I’ve reproducedContinue reading “Evidence for Ministry of Justice Consultation on “Open Justice: The way forward””
Capacity to consent to sexual relations: “I want my freedom back”
By Amanda Hill, formerly ‘Anna’ , 3rd September 2023 When I saw this case listed, I didn’t fully appreciate the complex issues it would cover, especially about the difficulties of ensuring that somebody who is used to going out independently can do so safely – and the role that technology might play. At the heart ofContinue reading “Capacity to consent to sexual relations: “I want my freedom back””
Prolonging life or protracting death? An end-of-life decision by Hayden J
By Zach Moss and Jemma Woodley, 1st September 2023 At a hearing in the Royal Courts of Justice on 22nd-23rd August 2023, Mr Justice Hayden made the decision to withdraw treatment (dialysis and clinically assisted nutrition and hydration) from a man in his fifties who was in a coma following a stroke. There is, as yet,Continue reading “Prolonging life or protracting death? An end-of-life decision by Hayden J”
Promoting Open Justice in the Court of Protection 