A judicial U-turn? From ‘no contact’ to ‘main carer’

At an emergency hearing on 24th September 2021, His Honour Judge Tindal issued an injunction against Miss F preventing her from having any contact with Mr G (Case 13382192). At the hearing I attended on 21st October 2021, not only was the injunction made in September lifted, but the court encouraged Miss F to have as much contact with Mr G as possible.

A trial of living at home – a “suspended sentence” of returning to care

By Jenny Kitzinger, 20th October 2021 Mr G desperately wants to live in his own flat – but this option is hanging by a thread.   After a series of court hearings at which he challenged his “detention” in residential care (via s.21A of the Mental Capacity Act 2015), he finally moved back into his ownContinue reading “A trial of living at home – a “suspended sentence” of returning to care”

Unseemly turf wars and uncoordinated care

By Jenny Kitzinger, 16th December 2020 The hearing I attended on Wednesday 9th December 2020 (Case: 13382192 before District Judge Tindal), was about Mr G, an individual in his early 60s with frontal lobe disorder, diabetes and other medical issues. He wants to leave the acquired brain injury [ABI] care centre that he originally entered almost aContinue reading “Unseemly turf wars and uncoordinated care”

Influencing ‘best interests’ decisions: An eloquent incapacitious P

“Many of us may be deemed by the courts to lack capacity to make key decisions about our own lives at a point where we believe ourselves entitled to make decisions for ourselves – indeed the very loss of insight that can come with brain injury may render us completely unable to recognise our own limitations. Like Mr G, we may fight (and lose) an argument that we are capacitous.”