Addressing the Oral Judgment to the Person it Most Concerns

By Celia Kitzinger – 3rd August, 2020 Something exceptional happened in a hearing I observed last week.  A judge – it was Mr Justice Cobb – delivered an oral judgment directly to the young woman at the centre of the case, addressing her by name. This was the 53rd hearing I have observed in theContinue reading “Addressing the Oral Judgment to the Person it Most Concerns”

Over-ruling P’s Strong Wishes in a Best Interests Decision: Autonomy, Protection and P’s voice

“…The position taken by the Official Solicitor (OS) meant that the Local Authority (the applicant), the NHS Trust (the second respondent) and the OS (the first respondent) all took exactly the same position – all opposed to P’s wishes. It felt very one-sided and as though nobody was arguing for what P wanted, except for P herself…”

Lived Experience and Professional Expertise as a Lawyer in the Court of Protection

“…We are not faceless, and any one of us could become involved as the subject of, or family member to a person subject to Court of Protection proceedings…”

A Basic Guide to the Court of Protection

“… there is a difference between open justice and comprehensible justice. It is one thing for people to be able to come to court (whether in person or, at present, largely remotely) and another for them to be able to follow what is going on there…”

Till death do us depart…

“I said when I married you… I said till death do us depart, I said and that’s the way I want it because at the end of the day we shouldn’t have other people interfering and stopping us from having that privilege and that’s what I’d like…”

Older People and Decision-Making in the Court of Protection – View from a Psychologist

“…Even though we are only present as observers at the actual hearings, we can be part of a reciprocal dialogue and collaboration between ‘law’ and ‘care’ with blogs such as these and the work of Open Justice Court of Protection – and that must be ‘good thing’!…”

Observing Court Hearings – Valuable Training for Solicitors

“… Whilst it is important to read the Judgment afterwards, it is not the same as actually listening to the hearing as the Judgement does not go into detail of the questions and answers posed…”

A Case Manager observes in the Court of Protection

“…Having observed, I won’t be so concerned, if I’m needed for a hearing in the Court of Protection professionally in the future. It helped me understand too what the expectations are in advance of a case being in court…”