Directions Hearing for a Life Sustaining Treatment Case

By Hita Jadeja, 14th August 2024 On 31 July 2024 I observed a hearing (COP 20000664) before Mrs Justice Theis sitting at the Royal Courts of Justice.   An NHS Trust (‘the Trust’) has made an application concerning life-sustaining treatment for a middle-aged lady and this was a ‘directions’ hearing. Essentially directions hearings are held to prepareContinue reading “Directions Hearing for a Life Sustaining Treatment Case”

Capacity and sexual relationships – an ongoing challenge and some cautionary notes

Ruby Reed-Berendt and Beverley Clough, 13 May 2024 This blog is a summary of a recent article published in the International Journal of Law and Psychiatry, as part of a special issue on mental health and borders. You can read the article in full here.  Peter (not his real name) is nearly 20 years old andContinue reading “Capacity and sexual relationships – an ongoing challenge and some cautionary notes”

A ‘closed hearing’ to end a ‘closed material’ case

By Celia Kitzinger, 18th December 2023 M is keeping something private from her parents. She doesn’t want them to know what it is.   The lawyers in court all know what it is.  So does the judge.  But observers like me haven’t been told.  And her parents still don’t know.  The court papers shared with them have been heavilyContinue reading “A ‘closed hearing’ to end a ‘closed material’ case”

Another case of s.21A delay (with a happy ending)

By John Harper, 27 October 2023 On Thursday 19 October 2023, I observed a remote hearing (COP 13627234) before Theis J, Vice President of the Court of Protection, sitting at the Royal Courts of Justice. An earlier hearing in the case was blogged here: “A s.21A challenge for a restricted patient: A ‘shocking’ delay”.   TheContinue reading “Another case of s.21A delay (with a happy ending)”

A ‘good news story’: Kidney dialysis trial for 17-year-old with learning disabilities

By Avaia Williams, 22 October 2023 Sana, a 17-year-old girl, is at the centre of this case. She has Joubert Syndrome, a rare genetic condition that leads to abnormal brain development. In Sana’s case, unfortunately, this has also led to her suffering with Stage 5 kidney failure, and, without haemodialysis, Sana will die within aContinue reading “A ‘good news story’: Kidney dialysis trial for 17-year-old with learning disabilities”

Closed Material Proceedings: A ‘forced marriage’ hearing before Theis J

By Celia Kitzinger, 23 August 2023 The hearing (COP 13907545 on 27 July 2023) concerns a young woman in her twenties (M) who has a mild learning disability and can also experience anxiety, depression and impulsivity.  She needs 24-hour support to provide assistance with personal care, nutrition, medication and to allow her to access the community safely. Continue reading “Closed Material Proceedings: A ‘forced marriage’ hearing before Theis J”

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”

A s.21A challenge for a ‘restricted’ patient: A “shocking” delay

By Febienne Green (with Celia Kitzinger), 8th August 2023 On Wednesday, 5th July 2023, I watched a hearing (COP 13627234) before Mrs Justice Theis, Vice President of the Court of Protection, sitting at the Royal Courts of Justice via MS Teams.   The case was a s.21A challenge to a standard authorisation depriving Mr N of hisContinue reading “A s.21A challenge for a ‘restricted’ patient: A “shocking” delay”

Cancer investigations – with restraint authorised if required

By Celia Kitzinger, 16 July 2023 Mr D is in his fifties, and he’s currently in a psychiatric hospital, with a longstanding diagnosis of paranoid schizophrenia and a suspected mild learning disability.   He’s lost a lot of weight recently, and blood tests show a range of inflammatory markers indicative of potential cancer. Doctors say heContinue reading “Cancer investigations – with restraint authorised if required”

‘It’s unclear how urgent this is’: A case concerning covert medication

By Daniel Clark, 31 May 2023 This case (COP 14023716) was heard before Theis J, via MS Teams, on Friday 26th May 2023 at 10am.  It was not plain sailing for me to access this hearing but given its subject matter (covert medication) I was glad that, with a lot of help from Celia Kitzinger, I persevered.  IssuesContinue reading “‘It’s unclear how urgent this is’: A case concerning covert medication”