By Celia Kitzinger, 30th March 2026 A Court of Protection judge has refused an application from South Tyneside Council to make a Civil Restraint Order (CRO) against the father of a young autistic man living in supported accommodation. I observed the hearing (COP 14075351) before Mr Justice Poole sitting in person in the Royal CourtsContinue reading “Judge refuses to make Civil Restraint Order against P’s father”
Tag Archives: Poole J
Permission to appeal refused: A procedural dead end
By Elissa Novak (with an introduction by Celia Kitzinger), 22nd February 2026 This is effectively the third tranche of litigation in the long-running case concerning Luba Macpherson and her daughter, “FP”. First came the welfare proceedings for FP which were concluded in 2023[1]. Then came committal proceedings which concluded in 2025 with Luba serving aContinue reading “Permission to appeal refused: A procedural dead end”
Serving a prison sentence for contempt of court: Luba Macpherson
The Court of Appeal was (again) displaying to others who might be tempted to flout court orders that it would not hesitate to exact punishment.
“Let me talk about my partner’s death”– Court of Protection told
By Daniel Cloake, 23rd September 2025 Editorial note: Judgment in this case has now been published: Re Carl Gardner, Deceased (Duration of Transparency Order). This blog is reprinted, with permission (and a few minor changes) from Daniel’s own website: mouseinthecourt.co.uk. Daniel observed this hearing (COP 20006397) in person in Court 33 at the Royal CourtsContinue reading ““Let me talk about my partner’s death”– Court of Protection told”
Authenticity of a “Living Will”
None of us would want our loved ones to be placed (like Carl’s fiancee) in the position of having to defend the authenticity of our written documents after we’ve lost capacity. We want to produce documents that are sufficiently robust to avoid this kind of challenge
Preparing for possible future lack of capacity: My advance decision to refuse treatment and the case before Poole J
By Claire Martin, 13th June 2025 Le soleil ni la mort ne se peuvent regarder en face. You cannot stare straight into the face of the sun, or death. François de La Rochefoucauld, Maxim 26 Over the course of the last year or so, I’ve been thinking about what provisions I want to put inContinue reading “Preparing for possible future lack of capacity: My advance decision to refuse treatment and the case before Poole J”
Validity and applicability of an Advance Decision to Refuse Treatment: A pre-trial review
By Celia Kitzinger, 14th May 2025 Editorial note: There are now three published judgments, as listed below. Click on the link in the name of the case (the protected party, “AB” can now be named as Carl Gardner) AB, Re (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) (10 June 2025) AB, Re (Disclosure ofContinue reading “Validity and applicability of an Advance Decision to Refuse Treatment: A pre-trial review”
Determining the legal status of a ‘Living Will’: Personal reflections on a case before Poole J
By Celia Kitzinger, 5th May 2025 Editorial note: There is a now published judgment, following the later hearing of 22nd and 23rd May) (which will be blogged separately). Click on the link in the name of the case: Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3). In addition to the judgment dealing withContinue reading “Determining the legal status of a ‘Living Will’: Personal reflections on a case before Poole J”
Public bodies argue about funding – Poole J feels like “a referee or go-between”
By Amanda Hill, with contribution from Tim Sugden, 5th March 2025 The protected person (“MH”) has been diagnosed with dementia and lives in a care home. This case (COP 14214860) began as a Section 21A appeal (a Deprivation of Liberty challenge) and was initially before a district judge before it turned into a case about serious medical treatment towards the end ofContinue reading “Public bodies argue about funding – Poole J feels like “a referee or go-between” “
Treatment for Anorexia Nervosa: A brief directions hearing (with a new postscript on transparency)
This case concerns CC, who has a diagnosis of anorexia nervosa. A Trust seeks court declarations about her treatment.
Promoting Open Justice in the Court of Protection 