An inaccurate listing on a court noticeboard might seem a small thing. But in contempt cases, that inaccurate listing might lead to your neighbour being sent to jail in secret. That would be a very big thing indeed.
Tag Archives: Open Justice
‘Test case’ on Lasting Powers of Attorney – with troubling delay
By Celia Kitzinger, 31st January 2023 At some point in the future, there may be a time for all of us when we can’t make decisions for ourselves. It may come suddenly, as it did for my younger sister, Polly, who was catastrophically brain-injured in a car crash in 2009. Or we may lose capacity toContinue reading “‘Test case’ on Lasting Powers of Attorney – with troubling delay”
Observing my first hearing: Plan to terminate contact if father is abusive to carers
For the next 12 minutes he produced a torrent of ‘colourful’ language directly insulting the judge, alongside allegations of staff abusing P, not washing him, not feeding him properly and denying the father access to his son. The Judge remained calm and did not display much of a reaction (apart from one brief wry smile and raised eyebrows) despite some pretty offensive insults!
“He deserves a chance”? Continuities and shifts in decision-making about life-sustaining treatment
the family in this case was holding on to the smallest glimmer of hope to stave off the devastating certainty of loss if their loved one died. Like so many people, they also had a belief that their family member was the one who would defy the odds – he is a ‘fighter’ whose sheer determination will enable him to overcome catastrophic brain injury. They also conveyed their strong sense that the person they knew is still ‘in there’, in the warm and moving body, that looks so different from how one imagines a classic ‘coma’.
Researching the Court of Protection: Accessing hearings as a PhD student
By Rhiannon Snaith, 9th December 2022 I’m starting a PhD looking at the media reporting of Court of Protection decisions about life-sustaining treatment. I’m lucky enough to have an ESRC scholarship to do this work, under the supervision of Professor Jenny Kitzinger at Cardiff University. As part of my project, I obviously want to study hearings, understand howContinue reading “Researching the Court of Protection: Accessing hearings as a PhD student”
Observing a remote hearing in court with the judge
This turned out to be a salutary opportunity for me to experience a “judge’s eye view” of a remote hearing. I can now better appreciate the somewhat isolating and disjointed experience it creates for the decision-maker sitting in the nearly empty courtroom.
“It will all work out”: The limits of a positive attitude in the Court of Protection
We appreciate that it would be very difficult for clinicians and judges to take a path that would put EJ’s life at risk. Yet, the trauma of her autonomy being overruled, and the loss of trust in professionals and in her own agency are not insignificant considerations.
Hoarding disorder, dementia and a wish to return home
Celia Kitzinger, 5th December 2022 This is the fifth Court of Protection case I’ve observed about someone with hoarding disorder. (Take a look at my previous blog post: “A case of hoarding” which describes plans to return a person home with safeguards in place to keep her safe.) The woman at the centre of the case I’mContinue reading “Hoarding disorder, dementia and a wish to return home”
Coercive and controlling behaviour continuing after brain injury: Matters of finance and contact
By Joanna Booth, 30th November 2022 The person at the centre of this case (PB) is a 65-old woman who had a brain haemorrhage in 2018. This was so severe that it left her with a lasting brain injury and significantly impaired cognitive functions and since leaving hospital she’s been looked after in a specialistContinue reading “Coercive and controlling behaviour continuing after brain injury: Matters of finance and contact”
Decision-making with clarity and compassion: Validity of LPAs and appointment of Deputy
The judge summarised the proceedings stating “I formally record the LPAs are invalid and should not be registered, and the application for deputyship for property and affairs is approved”. The LPAs were invalid was because Stephen lacked capacity at the time of signing the documents.
Promoting Open Justice in the Court of Protection 