By Elissa Novak and Brittany Murphy 4th July 2025 Editorial Note (Celia Kitzinger): The hearing took place over two days on 24th and 25th June 2025, and there was a shifting group of six or so observers, some of whom took part in discussion about the case which contributed to the ideas expressed in thisContinue reading “No more force (or threat of force) to compel feeding of woman with severe and enduring anorexia”
Tag Archives: Restraint
“Unusual restrictions” for a 17-year-old
By Claire Martin, 25th January 2023 This hearing (COP 14169995 before DJ Glassbrook, sitting at Northampton County Court on 5th January 2024) caught my eye in the CourtServe list because it mentioned “unusual restrictions to which the protected party is subject”. Unfortunately, despite requesting them, I’ve not been sent the parties’ position statements, so I don’t haveContinue reading ““Unusual restrictions” for a 17-year-old”
Bournemouth, Christchurch and Poole Council named as “secret” body in restraint case
By Celia Kitzinger, 6th November 2023 I reported recently on a case in which both the judge and the family expressed concerns about the physical and chemical restraint of a learning-disabled autistic man (“Judge concerned about ‘restraint regime’ for learning-disabled man prohibits naming public body”). But I wasn’t allowed to name the responsible local authority. I am now allowed toContinue reading “Bournemouth, Christchurch and Poole Council named as “secret” body in restraint case”
Judge concerned about “restraint regime” for learning-disabled man prohibits naming public body
By Celia Kitzinger, 29th October 2023 This is yet another case where a judge has signed off on reporting restrictions that prevent the naming of a public body, for reasons that are wholly unclear to me. Neither counsel nor the judge has – to my knowledge – suggested that identification of the local authority involvedContinue reading “Judge concerned about “restraint regime” for learning-disabled man prohibits naming public body”
“Not at risk of life and limb”: Room to breathe in a complex case
By Daniel Clark, 20 August 2023 This case (COP 13043376) concerns Mr K, a gentleman with ulcers on both his legs, which he refuses to allow medical professionals to examine or treat. At a previous hearing, which law student George Palmer blogged about earlier (“Assessing and treating leg ulcers of a resistant patient“), Mr J McKendrickContinue reading ““Not at risk of life and limb”: Room to breathe in a complex case”
On not authorising restraint for bowel surgery
Physically restraining someone against their will to have general anaesthesia for a serious operation is something that most of us instinctively recoil from, and for good reason – namely, that it is the repression of an individual liberty and it is disrespectful to individual autonomy.
Discharge from hospital: Light at the end of a very long tunnel
Daniel Clark, 10th March 2023 – with new update by Celia Kitzinger about the emergency hearing on 16th March 2023 (added at end of blog post) This hearing (COP 14036761, before Mrs Justice Theis) was scheduled to begin at 10:30am on Monday 6th March, 2023. However, the Judge was engaged with an urgent matter and soContinue reading “Discharge from hospital: Light at the end of a very long tunnel”
Serious Medical Treatment and Restraint: A young woman with HIV
At the centre of this case is a 17-year-old woman (P), born overseas, who is living with HIV. It is believed she acquired HIV vertically at birth, and her mother died when she was young. P has been raised by her grandmother in this country, and in recent years it appears that she has been looking after her grandmother, who is now elderly with health issues of her own.
A court-authorised hip replacement
declaration ordering surgery was the right outcome. I saw a rigorous but caring and collegial environment in court, with a genuine commitment to involving P. Counsel for the parties adopted a clearly non-adversarial approach throughout. The focus for everyone was on making the right decision for P.
Secure Accommodation for Young People: “A well-known scandal”
This was a case in which the judge and all the parties to the case (including the local authority) were doing their utmost to help a vulnerable young person against the backdrop of a nationwide shortage of appropriate provision.
Promoting Open Justice in the Court of Protection 