By Celia Kitzinger and Anna (Daughter of P), 9th May 2022 Anna (not her real name) contacted the Open Justice Court of Protection Project towards the end of April 2022, saying that she’d been asked to attend a s. 21A directions hearing about her mother (in a care home, with Alzheimer’s) and was finding the Court ofContinue reading “A section 21A hearing: Impressions from a veteran observer and the daughter of (a different) P in a s.21A case”
Tag Archives: Open Justice
Refusing to eat and declining a feeding tube: Capacity at issue
By Celia Kitzinger, 21st April 2022 The hearing concerned an application from an NHS Trust (represented by David Lawson) to insert a PEG-J tube under general anaesthetic and then to deliver clinically assisted nutrition and hydration (CANH) to a young woman (P) who was admitted to hospital having fractured her femur and is now refusing to eat. She’sContinue reading “Refusing to eat and declining a feeding tube: Capacity at issue”
The value of observing a case management hearing in the Court of Protection
By Helen Moizer, 7th April 2022 The value of observing a case management hearing in the Court of Protection. When I observed a Court of Protection hearing for the first time, I did not know what I was entering into or what to expect. Despite it being a video hearing link, I still felt apprehensiveContinue reading “The value of observing a case management hearing in the Court of Protection”
Two years on: A postscript to “Remote justice”
What families mean by “gravitas” (dignity, seriousness, solemnity) does not in fact reside in court architecture, coats of arms, wigs and robes, or rituals of address and behaviour. In my experience, these external manifestations of “justice” can sometimes seem rather ridiculous, and the “performance” element of the courtroom can alienate lay people and distract everyone from the serious business at hand. Rather, the “gravitas” families appreciate is a quality of attention, a focus, a willingness to engage, in depth, with the medico-legal and ethical issues before the court.
Capacity to engage in sex: Putting the MCA’s foundational values to protect and empower to the test
By Samantha Williamson, 18th March 2022 Most of us couldn’t begin to imagine being told (as adults) that we are prohibited from spending private time with our chosen partner – and that we cannot be allowed to have sex with them. That’s been the case for 19-year-old T and her 25-year-old boyfriend since 19th November 2021. Continue reading “Capacity to engage in sex: Putting the MCA’s foundational values to protect and empower to the test”
Withdrawing treatment after brain-stem death: A case in the Family Division
Today I watched a hearing about whether or not a woman in her 40s is dead. She was declared dead at 11.45 on Thursday 10 March 2022, following brain stem death testing. The reason the doctors have continued to treat the patient and the reason the Trust has applied to court is that the family has opposed withdrawal of ventilation (and other treatments) and has asked for a private second opinion.
When doctors are not willing to offer treatments
By Celia Kitzinger, 13th March 2022 This was an unusual hearing because of its focus on a treatment (clinically assisted nutrition) that doctors were not willing to offer. By the day of the hearing, the person at the centre of this case (P) had not received nutrition for 10 days, ever since his nasogastric (NG) tubeContinue reading “When doctors are not willing to offer treatments”
Advocacy in the William Verden hearing: Observations from a trainee barrister
Court of Protection hearings provide very valuable opportunities to observe the practice and effect of oral and written advocacy from skilled QCs and other barristers. Every trainee barrister would come away stronger after observing a Court of Protection hearing…. This was a profoundly useful hearing to observe as a Bar student.
Best interests and kidney transplantation: Closing submissions in the William Verden case
By Bonnie Venter, 7th March 2022 UPDATE: The judgment in this case is now published: Manchester University NHS Foundation Trust v WV [2022] EWCOP 9 (08 March 2022). Latest news: “Autistic kidney-row teen’s transplant ‘a success’“ This post is about the final day of the hearing concerning whether it is in William Verden’s best interestsContinue reading “Best interests and kidney transplantation: Closing submissions in the William Verden case”
Introducing an upcoming hearing: Is a kidney transplant in his best interests?
A 17y/o with kidney disease, learning disability, autism and ADHD is at the centre of a court decision about a kidney transplant. Bonnie Venter (@TheOrganOgress) will be reporting from court over the next 4 days.
Promoting Open Justice in the Court of Protection 