By Rhiannon Snaith, 30th August 2023 An evangelical preacher in his fifties (KT) had a stroke in February 2022. He underwent emergency surgery but has sustained significant brain damage and never regained consciousness. He is currently in hospital, in a coma and also has end-stage kidney failure and Type 2 diabetes. The Trust was seekingContinue reading “Withdrawing treatment from a pastor in a coma: Balancing religious beliefs and medical realities”
Tag Archives: Open Justice
A court system creaking under its own weight: Transparency challenges
by Daniel Clark, 25th August 2023 Earlier this month (on Tuesday 16 August 2023), I was given an insight into the cracks spreading through the structure of the judicial system. This blog highlights those cracks, so that more people are aware of the pressure facing judges and, by extension, everybody else in the court system –Continue reading “A court system creaking under its own weight: Transparency challenges”
Closed Material Proceedings: A ‘forced marriage’ hearing before Theis J
By Celia Kitzinger, 23 August 2023 The hearing (COP 13907545 on 27 July 2023) concerns a young woman in her twenties (M) who has a mild learning disability and can also experience anxiety, depression and impulsivity. She needs 24-hour support to provide assistance with personal care, nutrition, medication and to allow her to access the community safely. Continue reading “Closed Material Proceedings: A ‘forced marriage’ hearing before Theis J”
“I am very concerned … that the current situation is not tenable”: High-risk behaviour and questions about jurisdiction
by Daniel Clark, 22nd August 2023 The young woman (AB) at the centre of this case (COP 12953545) suffered a Traumatic Brain Injury following a Road Traffic Accident some years ago. She is engaging in high-risk behaviour, and the local authority is seeking an order from the Court that it is in her best interestsContinue reading ““I am very concerned … that the current situation is not tenable”: High-risk behaviour and questions about jurisdiction”
“Not at risk of life and limb”: Room to breathe in a complex case
By Daniel Clark, 20 August 2023 This case (COP 13043376) concerns Mr K, a gentleman with ulcers on both his legs, which he refuses to allow medical professionals to examine or treat. At a previous hearing, which law student George Palmer blogged about earlier (“Assessing and treating leg ulcers of a resistant patient“), Mr J McKendrickContinue reading ““Not at risk of life and limb”: Room to breathe in a complex case”
Is he deprived of his liberty? (Plus a request to vary the reporting restrictions – again)
By Celia Kitzinger, 15 August 2023 This is an unusual s.21A challenge to the authorisation of Mr P’s deprivation of liberty. The only issue for determination is whether or not Mr P is actually “deprived of his liberty”. If he is, one of the key safeguards of DoLS is that he will continue to be entitledContinue reading “Is he deprived of his liberty? (Plus a request to vary the reporting restrictions – again)”
Varying reporting restrictions to name Kent County Council in “shocking” delay case
By Celia Kitzinger, 11 August 2023 Kent County Council was criticised in court for misunderstanding the law and creating lengthy delays for a care home patient who wants to move to a different care home closer to his family[1]. Mrs Justice Theis, Vice President of the Court of Protection, said in the course of aContinue reading “Varying reporting restrictions to name Kent County Council in “shocking” delay case”
A s.21A challenge for a ‘restricted’ patient: A “shocking” delay
By Febienne Green (with Celia Kitzinger), 8th August 2023 On Wednesday, 5th July 2023, I watched a hearing (COP 13627234) before Mrs Justice Theis, Vice President of the Court of Protection, sitting at the Royal Courts of Justice via MS Teams. The case was a s.21A challenge to a standard authorisation depriving Mr N of hisContinue reading “A s.21A challenge for a ‘restricted’ patient: A “shocking” delay”
Adjournment and interim judgment – Hayden J’s fact-finding hearing
By Celia Kitzinger, 4 August 2023 Editorial note: For background information about this case click on the titles of these two blog posts: (1) : “Fact-finding hearing: Little short of outright war” (which has links to previous judgments) and (2) “A judicial embargo and our decision to postpone“. Note that we will now delay publication of our multi-authored blogs aboutContinue reading “Adjournment and interim judgment – Hayden J’s fact-finding hearing”
Application to continue an injunction forbidding P’s son from obstructing health and social care staff
By Pippa Arnold, 1 August 2023 I am an aspiring barrister with an interest in the Court of Protection (COP), particularly cases relating to medical treatment. My interest stems from a medical law module I studied at university, which led me to undertaking a Masters at the end of the Bar Course. For this, I choseContinue reading “Application to continue an injunction forbidding P’s son from obstructing health and social care staff”
Promoting Open Justice in the Court of Protection 