by Daniel Clark, 28th June 2024 I try not to see conspiracy behind the multiple transparency failures of the Court of Protection. The judicial system is busy and overstretched, and mistakes are (unfortunately) inevitable: links won’t be sent in time, listings won’t be always accurate, video links won’t always be set up. However, I mustContinue reading “Prohibitive Transparency Orders: Honest mistakes or weaponised incompetence? “
Tag Archives: Transparency Order
“Getting it right first time around”: How members of the public contribute to the judicial “learning experience” about transparency orders
By Celia Kitzinger, 7th June 2024 We operate a “Watch List” at the Open Justice Court of Protection Project. We do this because the Court of Protection doesn’t always get things right first time around. Sometimes we find repeated problems with how particular judges’ hearings are listed (e.g. they don’t have descriptors to tell us what they’reContinue reading ““Getting it right first time around”: How members of the public contribute to the judicial “learning experience” about transparency orders”
My experience at Weymouth Combined Court: listing, access, and transparency
By Peter C Bell, 30th May 2024 It was one of those days where I had not really intended to do any Court watching. I was back in Weymouth to help the family to support my elderly father after the recent loss of both his wife (my mother) and then his elder sister and casuallyContinue reading “My experience at Weymouth Combined Court: listing, access, and transparency”
Challenging a Transparency Order prohibiting identification of the Public Guardian as a party
By Celia Kitzinger, 24th May 2024 I have just submitted my Position Statement (as a litigant in person) for a hearing, listed for one hour, about my application to vary the Transparency Order to permit identification of the Public Guardian in a recent case in the Court of Protection. I am dismayed that it’s beenContinue reading “Challenging a Transparency Order prohibiting identification of the Public Guardian as a party”
Centenarian challenges deprivation of liberty – and judge manages transparency failings efficiently
Celia Kitzinger, 16 May 2024 There are more than 500 centenarians in Devon, and she’s one of them. Until September 2023, she lived at home with her daughter. Now she’s deprived of her liberty in a care home, where she’s been for around six months, following discharge from hospital after a fall. She wants toContinue reading “Centenarian challenges deprivation of liberty – and judge manages transparency failings efficiently”
Final considerations for a s21a challenge: Questions about truth-telling to someone with dementia and, yet again, issues with the Transparency Order
By Daniel Clark, 2nd May 2024 Mrs B has a diagnosis of dementia and has lived in a care home for over a year. She does not want to live in a care home; she wants to return home and can see no reason why she can’t. However, her home has been sold and sheContinue reading “Final considerations for a s21a challenge: Questions about truth-telling to someone with dementia and, yet again, issues with the Transparency Order”
When P’s best interests aren’t in a Council’s financial interests
by Daniel Clark, 21st April 2024 The court has previously found that it is in the best interests of Mr B to remain in his current care home. However, unless he obtains Continuing Healthcare funding, he will have to move because the local authority aren’t able to meet the high cost of the care home. ToContinue reading “When P’s best interests aren’t in a Council’s financial interests”
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”
Withdrawing treatment from a pastor in a coma: Balancing religious beliefs and medical realities
By Rhiannon Snaith, 30th August 2023 An evangelical preacher in his fifties (KT) had a stroke in February 2022. He underwent emergency surgery but has sustained significant brain damage and never regained consciousness. He is currently in hospital, in a coma and also has end-stage kidney failure and Type 2 diabetes. The Trust was seekingContinue reading “Withdrawing treatment from a pastor in a coma: Balancing religious beliefs and medical realities”
“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”
Promoting Open Justice in the Court of Protection 