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”
Tag Archives: Transparency Order
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”
Is he deprived of his liberty? (Plus a request to vary the reporting restrictions – again)
By Celia Kitzinger, 15 August 2023 This is an unusual s.21A challenge to the authorisation of Mr P’s deprivation of liberty. The only issue for determination is whether or not Mr P is actually “deprived of his liberty”. If he is, one of the key safeguards of DoLS is that he will continue to be entitledContinue reading “Is he deprived of his liberty? (Plus a request to vary the reporting restrictions – again)”
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”
Gagged – in whose best interests?
By Amanda Hill, formerly ‘Anna‘, 7 July 2023 “How did the court case with your mum go?” “OK but I’m not allowed to tell you about it or I could be held in contempt of court and have my assets seized” This was a conversation I had with a cousin during a family reunion lastContinue reading “Gagged – in whose best interests?”
Treatment escalation for a teenager in ICU
By Rhiannon Snaith, 16th March 2023 Editorial note 3: (added 30 April 2024) There is a Court of Appeal hearing on 1st and 2nd May 2024 – the parents (supported by Christian Concern) are challenging Mrs Justice Roberts’ finding that ST lacked capacity to litigate the case, and lacked capacity to make her own medicalContinue reading “Treatment escalation for a teenager in ICU”
Man lives for months in care home bathroom: “An egregious situation”
By Celia Kitzinger, 22nd February 2023 The man at the centre of this case is in his mid-50s and lives in a care home – or more specifically, in a communal bathroom of a care home. He “retreated” to the bathroom more than six months ago in July 2022 “where he has essentially remained and emerged on only limitedContinue reading “Man lives for months in care home bathroom: “An egregious situation””
Researching the Court of Protection: Accessing hearings as a PhD student
By Rhiannon Snaith, 9th December 2022 I’m starting a PhD looking at the media reporting of Court of Protection decisions about life-sustaining treatment. I’m lucky enough to have an ESRC scholarship to do this work, under the supervision of Professor Jenny Kitzinger at Cardiff University. As part of my project, I obviously want to study hearings, understand howContinue reading “Researching the Court of Protection: Accessing hearings as a PhD student”
Promoting Open Justice in the Court of Protection 