By Anna (with Celia Kitzinger), 10th August 2022 This is one of a long series of hearings about COVID-19 vaccination in which family members argue against vaccinating P but the judge makes a decision to vaccinate. This case (COP 12219141) is a bit different from the others because the judge already made a decision that itContinue reading “COVID-19 vaccination with sedation: Instructing an expert”
Tag Archives: Open Justice
Surgery for scoliosis when P indicates he doesn’t want it
By Celia Kitzinger, 8th August 2022 A 19-year-old man has severe scoliosis. The Great Ormond Street Hospital for Children NHS Foundation Trust seeks a declaration that it is lawful and in his best interests to undergo spinal surgery (with any deprivation of liberty that may entail). This is not a contested application. The young man (P) is representedContinue reading “Surgery for scoliosis when P indicates he doesn’t want it”
Court-authorised caesarean section for a mother with sickle cell disease who wants her baby to “see her face first”
I was struck when RO said “I don’t want to kill my baby”. I was already feeling disappointed for RO throughout the hearing, but these words left me feeling extremely sad for her. Was she feeling like the clinicians involved in her care were viewing her as killing her baby?
Anorexia and refusing nutrition: An observer’s perspective on A Mental Health Trust v BG
By Charlotte Buck, 4th August 2022 This case concerned Anorexia and the refusal of clinically assisted nutrition and hydration (CANH) – another sad case brought before the Court of Protection for which the circumstances are all too familiar. I have always been interested in complex medical-ethical cases and, having volunteered on hospital wards for six weeks myself,Continue reading “Anorexia and refusing nutrition: An observer’s perspective on A Mental Health Trust v BG”
Observing a s.21A hearing and the importance of correctly drafting a Lasting Power of Attorney
The overall tone of the meeting was very positive, non-adversarial and there seemed to be a large degree of agreement between the participants. The judge was very welcoming and the overall impression from everybody was wanting to do the right thing for P.
Accessing a Court of Protection hearing as an observer: My experience
I hope that my experience will encourage other people to observe hearings, in the spirit of open justice. It was certainly a learning experience for me and I will definitely be observing more often. My experience – at least of this one hearing – is that accessing a COP hearing is not that hard, once the process is navigated.
A contested hearing about whether or not to have another hearing
By Celia Kitzinger, 26th July 2022 This hearing (COP 13452747 before by DJ Beckley at First Avenue House on 6th July 2022, via MS Teams) was originally intended to be a review hearing to consider how P, a man in his 20s with learning disability, autism and epilepsy, has settled into his new placement. The plan had been to reviewContinue reading “A contested hearing about whether or not to have another hearing”
A deputy’s first experience of observing a Court of Protection hearing
By Jamal L. Din, 27th July 2022 For some time now I’ve wanted to observe a hearing in the Court of Protection to gain experience of how the court hearing is run, and understand how the interests of the protected parties (and their families) are supported. I am a Deputy for Property and Finance forContinue reading “A deputy’s first experience of observing a Court of Protection hearing”
Determining capacity for sex with her abuser
By Celia Kitzinger, 25th July 2022 UPDATE: We’re sad to learn (from Mr Justice Poole on Thursday 27th October 2022) that the woman at the centre of this case (KF) has recently died. This is a desperately sad story about a woman (KF) who is pleading to have intimate unsupervised contact with her abuser before she dies[1]. Continue reading “Determining capacity for sex with her abuser”
Serious Medical Treatment and Restraint: A young woman with HIV
At the centre of this case is a 17-year-old woman (P), born overseas, who is living with HIV. It is believed she acquired HIV vertically at birth, and her mother died when she was young. P has been raised by her grandmother in this country, and in recent years it appears that she has been looking after her grandmother, who is now elderly with health issues of her own.
Promoting Open Justice in the Court of Protection 