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”

A COVID Vaccination hearing: Observations of an aspiring medical student

By Eloise Crang, 19th October 2021 I’m a medical applicant, currently sitting my last year of A-levels studying Maths, Chemistry, and Biology, so I was delighted at the opportunity to observe a real-life medical ethics case in play. Having mainly read about these sorts of scenarios in medical books, or when revising for the situationalContinue reading “A COVID Vaccination hearing: Observations of an aspiring medical student”

What happens when Lasting Power of Attorney goes wrong?

“There had been a major family falling out between the LPA and her siblings. They saw her as “controlling”, “aggressive” and “paranoid” and said she had imposed unnecessary restrictions on their right to see their mother.” The judge said, ““I appreciate there’s a family dynamic, and it’s tragic to see it play out”. 

Suppressing transparency: A judge comments on a blog post in court

open justice. I had a physical reaction, my gut dropping like a stone, when HHJ Howells said what she did. Their status and power makes judges intimidating.  Barristers are used to the judge addressing them – and they are part of proceedings and can reply. This is not the situation for observers. I was shocked by what happened and this episode has caused me not a small amount of anxiety. I’m a bit worried about writing this account of what happened and how I felt about it. It’s taken me a long time to feel able to do so.

Forced HIV treatment? A censored account of a case involving possible restraint

By Celia Kitzinger, 9th September 2021 UPDATE: After I corresponded with counsel in this case, the Transparency Order was varied. The original transparency order that was sent to me prohibited publication of any material or info that could identify P including her age, ethnicity/national origin, and the identity of the clinicians or any other witnesses in the case.Continue reading “Forced HIV treatment? A censored account of a case involving possible restraint”

The elephant in the courtroom: Clinically assisted nutrition and hydration in a hearing about care and residence

By Celia Kitzinger, 23rd August 2021 (Note: This blog has been revised and corrected following correspondence with the two barristers in the hearing I observed. Thank you to both of them for the time they spent on this.) I’m profoundly disturbed by this case (COP 12913981) before District Judge Beckley, which has been slowly progressingContinue reading “The elephant in the courtroom: Clinically assisted nutrition and hydration in a hearing about care and residence”

Covering the Court of Protection – a journalist’s take

This is an account of why and how journalists’ reports of hearings are typically so different from the pieces written by bloggers for projects like the Open Justice Court of Protection Project.

Covid vaccination contrary to parents’ wishes

As the hearing ended, JS’s father put a comforting arm around JS’s mother. They both looked upset and anxious.  “We just hope your decision brings benefit to our son, rather than more harm”, said his mother.  “Mrs S, so do I”, said the judge: “Nobody has a working crystal ball, but I firmly believe it’s the decision that’s best for JS”. 

Observing a Court of Protection hearing as year 11 and year 13 students

By Martha Purdy,  Meg Aitken and Claire Martin, 22nd July 2021 Attending a Court of Protection hearing is an excellent opportunity to see justice in action. Two students, Meg – about to start medical training in September 2021, and Martha – starting A levels in September and interested in Law, joined Claire (part of the Core TeamContinue reading “Observing a Court of Protection hearing as year 11 and year 13 students”

Happy First Birthday to the Open Justice Court of Protection Project

Celia Kitzinger and Gill Loomes-Quinn, 15th June 2021 One year ago today, on 15th June 2020, we launched the Open Justice Court of Protection Project, a child of the pandemic.  It was born of our passionate belief that “publicity is the very soul of justice” at a time when it seemed that the public health emergencyContinue reading “Happy First Birthday to the Open Justice Court of Protection Project”