“…I also recognise that I may hear things that I disagree with in the course of a hearing. When something unexpected is said, I noted that the Judge needs to quickly form a view on whether it is relevant to the hearing or not, and if not, let it go…”
Tag Archives: Open Justice
New Hearing Feedback Form
“…We hope people observing hearings will want to use the Hearing Feedback Form. We think it will be useful to you in providing a structure for your observations and prompts as to what to look out for to achieve the best possible understanding of what is going on in court…”
The myths and mistakes of capacity and criminality
“If we recognise that P may be a victim of offending, we must also recognise that some Ps are at risk of offending. Likewise, those who have offended in the past may lose capacity in the future. When we accept these basic propositions as fact, we may start to break down the myths and stop the mistakes when issues of criminality and capacity collide.”
Authorising restraint– an uneasy judicial decision
“…The person at the centre of the case (“F”) was described as an intelligent, articulate woman. She is 38 years old and has end-stage kidney failure. She had refused dialysis between 28 July and 11 August 2020 and was at a real risk of dying…”
Lasting Powers of Attorney: Preferences and Instructions
By Heledd Wyn – 3rd September 2020 Hearings in the Court of Protection sometimes include consideration of Lasting Powers of Attorney (LPA). Did the person have capacity to grant the LPA? Do they have capacity to cancel it? Is the attorney acting in the person’s best interests? In this blog I consider the importance of LPAs asContinue reading “Lasting Powers of Attorney: Preferences and Instructions”
Justice Delayed
“…my overriding impression was a sense of outrage at the impact that the delays described were demonstrably having on P and on his quality of life…”
“I have reached a clear conclusion that AB lacks capacity to decide whether or not she should be tube fed.” – Commentary on Judgment
“…The outcome of the judgement is the same for AB, regardless of whether she is deemed to have capacity or not, since NG feeding is judged not to be in her best interests. But a judgement in line with our argument would have given effect to her autonomy and recognised that it is her decision to seek palliative care, rather than a best interests decision made by the judge on her behalf.”
When P is in prison
“…According to Julie Hinnigan, the failings in social services were in part due to lack of knowledge and support for autistic adults – especially those, like Joseph, who don’t also have a learning disability. ..”
Questions of Capacity
“…by gum, I’ve learnt so much more than from the mandatory eLearnings I have recently completed. Having got to grips with the legislation, I’m now on the lookout for a court hearing before a district judge so as to be able to observe the discussions and decision making regarding capacity, autonomy etc that challenge me on a day to day basis.”
How to Find a Court of Protection Hearing to Observe
By Celia Kitzinger, 17th August 2020 There are various ways for you to find a hearing to observe, if you are interested in seeing law in action in the Court of Protection. Obviously, you can simply pick one of our “Featured Hearings” from the home page of our website: we update them every evening forContinue reading “How to Find a Court of Protection Hearing to Observe”
Promoting Open Justice in the Court of Protection 