By Daniel Clark, 2nd October 2024 The protected party in this case, “B”, is a thirty-year-old woman who, according to Counsel for her mother, has until recently been a “happy, well balanced, sociable person”. She enjoys spending time with her family and, until 2024, had been living with her mother at home. This case (COP 14116349)Continue reading “Closed hearings, safeguarding concerns, and financial interests v. best interests”
Tag Archives: Peel J
Application to appeal the finding that Andy Casey is dead
By Daniel Clark, 24 October 2023 Andy Casey was 24-years-old when he was punched in the head in a pub beer garden, and suffered a catastrophic brain injury and minor neck spinal fractures. He was admitted to a Neurointensive Care Unit, and began to receive organ support. Given his deteriorating condition, the hospital suspected thatContinue reading “Application to appeal the finding that Andy Casey is dead”
Access challenges in the Family Court: On not being allowed to watch the Indi Gregory hearing
By Rhiannon Snaith, 20 September 2023 Indi Gregory is a six-month-old baby girl who has mitochondrial disease, a rare and incurable genetic condition that drains energy from the body’s cells. She also has a hole in her heart, and soon after her birth underwent operations on her bowel, and her brain to drain fluid. DespiteContinue reading “Access challenges in the Family Court: On not being allowed to watch the Indi Gregory hearing “
Covert medication, the ‘causative nexus’ and (yet again) issues with the Transparency Order
By Daniel Clark, 14 July 2023 A man in his 60s, living with an acquired brain injury is refusing medication for the management of his diabetes. The applicant local authority has applied to the court for the approval of a covert medication plan. In the previous hearing (which I blogged about here), Theis J had requestedContinue reading “Covert medication, the ‘causative nexus’ and (yet again) issues with the Transparency Order”
‘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”
No decision without representation
There was no legal representation for Mr M, nor was he in court himself. The judge said, right away, as soon as this became apparent: “I’m highly unlikely to do anything of substance today, without him being represented”.
A parent’s reflection on “Michael” – a young man with complex needs and no suitable placement
I have been my son’s care coordinator for many years. In our experience there is little or no communication between agencies. Even though I worked in health and social care services for years, I found that the system is like a maze and sourcing every provision has been a battle. Young people fall through the net. I hope adult services offer Michael the chance of stability and safety in his life and suggest that the next care coordinator ensures that his voice is heard and his family are involved.
An unsuitable placement approved by the Court
The decision of the court was to move him, that afternoon, to yet another placement which – counsel had acknowledged from the outset – is not really suitable for him. It was a disappointing outcome. As the judge said in his oral judgment: “None of this seems to me to be entirely satisfactory”.
Promoting Open Justice in the Court of Protection 