By Celia Kitzinger, 9th November 2021 She’s in her eighties, with significant cognitive decline, and delirium secondary to numerous infections and “in all likelihood in the last weeks of her life,” said the judge. She lacks capacity to make her own decisions about who she has contact with. One of her daughters, Ann[1], and Ann’s daughter (P’sContinue reading “Navigating a family feud on P’s death-bed”
Tag Archives: Social Worker
Returning P to her family abroad during a global pandemic
By Ravina Bahra, 1st February 2021 Editorial Note: The judgment has just been published (5th February 2021) and is available here. I had the opportunity to observe this hearing (COP 13588956) before Mr Justice Hayden at the Royal Courts of Justice (via MS Teams) on 28th January 2021, having requested access at 9:35am and received aContinue reading “Returning P to her family abroad during a global pandemic”
A mother abroad and a family dispute – Part 1
By Kristy Regan, 11th January 2021 At the third attempt, after a couple of false starts (a case made private at the last minute and an email request not replied to), I gained access to my first Court of Protection hearing: COP 13677853. This was a case at the Royal Courts of Justice before MrContinue reading “A mother abroad and a family dispute – Part 1”
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”.
Refusing kidney dialysis – a daughter’s reflections
“When I asked for access to observe a hearing in the Court of Protection, I had no idea how close to home the key issue would turn out to be. …. The person at the centre of the case, AI, has end stage kidney disease. .. he’ll probably refuse to come back in for dialysis. This could mean that he dies…. My father died just over a year ago (in his mid 70s) because he, too, refused dialysis.”
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.”
Restrictions, Covid-19 and a Glass of Champagne
“…bserving the hearing was interesting and made me reflect on my own experience of conducting capacity assessments and the extent to which they would hold up in court….”
Promoting Open Justice in the Court of Protection 