By Claire Martin, 18 August 2024 This case (COP 13236134) has been in the Court of Protection since 2018. The protected party (A) is a 25-year-old woman, who has been living in a care home under a Court of Protection order, for five years. If all goes according to plan, she will be back atContinue reading “Tangled webs, ‘enmeshment’, and breakdown of trust: Re A: (Covert medication: Closed Proceedings) – an implementation hearing “
Tag Archives: Poole J
Exemplary open justice: An in-person hearing at Teesside Combined Court
By Claire Martin, 2nd July 2024 I have observed more than sixty Court of Protection remote hearings (via MS Teams or Cloud Video Platform) but only one hearing in person, at a regional court (Newcastle). There were real challenges with that one – such as no listing of the hearing on the noticeboards at the court and no courtContinue reading “Exemplary open justice: An in-person hearing at Teesside Combined Court “
“The immediate steps in the aftermath of that judgment”: Increasing concerns, a TZ care plan, and judicial continuity
by Daniel Clark, 8th April 2024 In a recent published judgment, it was found that EE has capacity to make decisions about sex and contraception ([2024] EWCOP 5). Her decisions may possibly be unwise ones (she’s said she wants to have a baby) but as the judge put it “however strong is the impulse to protect, the folliesContinue reading ““The immediate steps in the aftermath of that judgment”: Increasing concerns, a TZ care plan, and judicial continuity”
Mastectomy against her wishes, family concerns and a Trust penalised for delay
By Celia Kitzinger, 11 December 2023 The woman at the centre of this case (GH) is 52 years old. She’s was diagnosed with breast cancer back in March 2023, but she doesn’t believe she has breast cancer and is refusing all treatment for it. She has a diagnosis of schizoaffective disorder. I missed the beginning of the hearing,Continue reading “Mastectomy against her wishes, family concerns and a Trust penalised for delay”
Warrant for arrest of P’s mother
By Amanda Hill, formerly ‘Anna’ , 7th December 2023 This has been a long and difficult case, blogged about recently here). I’ve not observed a hearing in this case before – but I’ve read a blog about the previous committal hearing here. In brief, at the previous committal hearing the judge determined that Mrs Liovbov Macpherson (Luba) hadContinue reading “Warrant for arrest of P’s mother”
Still no exit plan and “we are some way away from the ideal scenario”: Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44
By Celia Kitzinger, 12th November 2023 Update: On 20th March 2024, the judge declared that it was in A’s best interests to return home, whether or not she voluntarily agreed to take the medications prescribed for her (hormone treatment for her Primary Ovarian Insufficiency). See A, Re (Covert Medication: Residence) [2024] EWCOP 19. This judgment is beingContinue reading “Still no exit plan and “we are some way away from the ideal scenario”: Re A (Covert medication: Closed Proceedings) [2022] EWCOP 44″
Who cares for P? “Pragmatic harmony” finally breaks out in court
By Hartej Singh Saund-Matharu, 19 September 2023 In my first observation of a Court of Protection (CoP) hearing – and first blog – I will take you through who I am and my interest in the Court of Protection, the background of the case my experience of the hearing, and my analysis/reflections of the outcomeContinue reading “Who cares for P? “Pragmatic harmony” finally breaks out in court”
Man on children’s ward due to no suitable placement
By Ahmed Hussain, 19 September 2023 This case concerns a young man who has recently turned 18. He is currently present on a paediatric ward despite having been ready for discharge back in August (about three weeks ago). This situation has arisen due to the lack of suitable placement options. Furthermore, he cannot live withContinue reading “Man on children’s ward due to no suitable placement”
Varying reporting restrictions to name Kent County Council in “shocking” delay case
By Celia Kitzinger, 11 August 2023 Kent County Council was criticised in court for misunderstanding the law and creating lengthy delays for a care home patient who wants to move to a different care home closer to his family[1]. Mrs Justice Theis, Vice President of the Court of Protection, said in the course of aContinue reading “Varying reporting restrictions to name Kent County Council in “shocking” delay case”
Coma and treatment withdrawal: An unusual case
By Rhiannon Snaith, 2nd August 2023 Note: The judgment has been published here: Re IN (Withdrawal of CANH) [2023] EWCOP 32 This case (COP 14094683, before Mr Justice Poole) was heard in the Royal Courts of Justice on Friday 21 July 2023. The hearing was listed as a ‘hybrid’ hearing which meant that people couldContinue reading “Coma and treatment withdrawal: An unusual case”
Promoting Open Justice in the Court of Protection 