At first sight, this appeared to be a straightforward example of the post-AGNI legal framework in practice. The applicant local authority invited the court to discharge the COPDOL order. But there was a complication. The P in this case is a “restricted patient”, living in the community under “conditional discharge”.
Tag Archives: Transparency
“What your mother wants and what is best for P may not be the same thing”: Judge seeks family engagement and clarification of immigration status
I hope that the practical plan put in place by DJ Clarke will enable the family and professionals to collaborate effectively and ensure that the Official Solicitor can obtain P’s wishes and feelings. Ultimately, the decisions being made are about P’s life, and his voice must be at the centre of those decisions.
Objections (and breached conditions) after AGNI
Despite the obvious importance of establishing the legal basis of P’s confinement (is it or isn’t it a ‘deprivation of liberty’?), this judge – like others I’ve watched since AGNI – gave priority to considering whether P’s residence and care arrangements were in his best interests and the least restrictive necessary.
Considering ‘deprivation of liberty’ in a family home setting after AGNI
HHJ Burrows determined that there is no deprivation of liberty for a young woman living under constant supervision and control in an annex to the family home. It was clear from his comments in court that he did so with considerable reluctance, referring to “deeply philosophically difficult” arguments.
Judge authorises medical treatment and DOLS in hospital following AGNI
In the end, despite having watched the hearing and heard the oral judgment, I don’t know why this judge made the decision she did about deprivation of liberty in this case – which pretty much defeats the purpose of observing a hearing in the first place.
Declaration of death or serious medical treatment withdrawal?
The key question in this case, which will be back in court on 2nd July 2026, is whether or not a man in his 40s, who had an out-of-hospital cardiac arrest about a month ago) is now “brain stem dead”.
Removal of P from the family home: Permission to appeal refused
Counsel for the local authority said they would look to carry out the move on Thursday (two days later). The judge explored with everyone how this would work in practice. As always, Senior Judge Hilder’s questions showed exemplary attention to detail in planning ahead as well as displaying her grasp of the material in the bundle.
Court approves sedative PRN medication
By Maria Maier, 17th June 2026 As an Independent Advocate for individuals who lack mental capacity, I have seen at first-hand the vital role the Court of Protection plays in safeguarding some of the most vulnerable members of society. Despite its importance, the Court’s work is often overlooked and underreported. By observing and reporting onContinue reading “Court approves sedative PRN medication”
Iatrogenic harm and the Court of Protection
Court proceedings can cause unintended harm to the person at the centre of the case (“P”) as well as to P’s family, and to P’s wider support network….
A statement on the Court of Appeal’s judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements)
By the core team of the Open Justice Court of Protection Project, 9th June 2026 On 21 May 2026, the Court of Appeal handed down judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements [2026] EWCA Civ 640. This was an appeal against the decision of Poole J in Re AB (Disclosure of Position Statements) [2025]Continue reading “A statement on the Court of Appeal’s judgment in Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements)”
Promoting Open Justice in the Court of Protection 