By Celia Kitzinger, 19th July 2022 This was a short hearing in a long-running case – and if things go according to plan, it will have been the final hearing. There were two hearings in February 2022, the second of which approved Mr M’s transfer to hospital for what was projected to be an overnight stay. At theContinue reading “After more than 4 months in hospital (for “assessment”), there’s a new placement and a transition plan for Mr M”
By Diana Sant Angelo, 4th July 2022 I am a Best Interests Assessor and I wanted to observe a hearing in the Court of Protection because I have always been interested in law – and now as a BIA, I am working in the overlap between the care and legal systems. On a more personalContinue reading “Mental capacity assessment and transition plan for a man with schizophrenia and ulcerated legs”
By Claire Martin, 24th February 2022 A man in his 40s, Mr M, has severely ulcerated legs and he is reported to be declining or avoiding medical assessment. He has a long-standing diagnosis of schizophrenia and depression and is said to be addicted to Class A drugs (heroin and/or crack cocaine). He lives in supported livingContinue reading “A man with a diagnosis of schizophrenia can be conveyed to hospital against his wishes for assessment of his ulcerated legs”
By Aura Mackintosh Bamber, 22 February 2022 For any child’s family, a diagnosis of Prader-Willi Syndrome brings with it a number of responsibilities and worries that are involved in properly caring for and managing this complex disorder. These worries are only exacerbated when a decision is made to deprive that child of their liberty inContinue reading “Delay in finding a suitable placement for a young adult with Prader-Willi syndrome”
A young man with Prader-Willi Syndrome was at the centre of a hearing before Theis J. I can only tell you this because journalist Brian Farmer and I made submissions to the judge saying that we should be allowed to report it and she eventually agreed.
By Kristy Regan, 6th January 2022 This long-running case (COP 13677853) concerns Mrs P, an 80+ year old widow who’s been living in a European country at an unknown address with one of her daughters, “Kim” (all names are pseudonyms), a litigant in person. The applicant is Mrs P’s other daughter, “Louise” (represented by Sarah Haren of 5 StoneContinue reading “A mother abroad and a family dispute: Part 3”
Suggesting that the family is lacking in objectivity because they are in some way psychologically compromised serves the purpose of undermining and discrediting their evidence. This was not necessary to powerfully argue the Trust’s case that ongoing life-sustaining treatment is not in AH’s best interests. The medical evidence stood alone.
All this detailed planning – what needs to be provided by what deadline and by whom – is part of preparing for a full hearing, especially where (as here) matters are contested. Hearings like these feel relatively pedestrian: they lack the intrinsic interest we all feel about the ethically weighty decisions made in final hearings. But they are the essential scaffolding upon which those final hearings depend.
“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.”