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”
Tag Archives: Open Justice
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”
Withdrawing treatment from a pastor in a coma: Balancing religious beliefs and medical realities
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”
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”
Promoting Open Justice in the Court of Protection 