A Decision about Capacity

Ruth was not in court. She was represented in court by a barrister appointed and instructed via the Official Solicitor. Her barrister reported that “Ruth is very clear in her own mind that she does not lack capacity to make these decisions”. But he did not argue on her behalf that the court should accept that she has capacity.

Dementia, Cats and Football

Gerald “strongly believed he could manage at home with care visits, but preferred to stay in the current ‘so-so’ home if around-the-clock care was needed. If a care home was truly necessary, Gerald asked only that one capable of accommodating his cat could be found….”

A law graduate’s first experience of a COP (telephone) hearing

By Emily Williscroft, 7 October 2020 My experience of observing a Court of Protection hearing was exciting and bewildering and a brilliant educational opportunity.  I feel inspired to observe more hearings because it’s such a fantastic way of learning more about the law in practice. I finished my undergraduate degree (with first class honours from EdgeContinue reading “A law graduate’s first experience of a COP (telephone) hearing”

Observing as a GDL student in the (virtual) Court of Protection

As a GDL student looking to gain legal experience in the middle of a global pandemic, things have not been easy recently … I am extremely grateful to the Open Justice Court of Protection Project … for providing me with the information and assistance I needed to be able to gain access to a hearing”

Applying to be a deputy in place of the court-appointed deputy

“…it was reassuring to witness a judge who acted with empathy for the family’s concerns whilst ensuring that P remained the primary focus. Judge Hilder skilfully found solutions to empower both P and her family throughout the process by suggesting ways to involve them as much as possible.”

A Litigant in Person returns to the virtual court – Navigating Approaches to Care when Family and Local Authority Disagree – Part 2, One Week On

“…I also recognise that I may hear things that I disagree with in the course of a hearing. When something unexpected is said, I noted that the Judge needs to quickly form a view on whether it is relevant to the hearing or not, and if not, let it go…”

Advance Requests for Restraint and Compulsory Treatment

“For Paul, the outcome was the one he wanted – at least at time of capacity…[but]…That decision was not his. it was a best interests decision made by the court…”

New Hearing Feedback Form

“…We hope people observing hearings will want to use the Hearing Feedback Form. We think it will be useful to you in providing a structure for your observations and prompts as to what to look out for to achieve the best possible understanding of what is going on in court…”

Authorising restraint– an uneasy judicial decision

“…The person at the centre of the case (“F”) was described as an intelligent, articulate woman. She is 38 years old and has end-stage kidney failure. She had refused dialysis between 28 July and 11 August 2020 and was at a real risk of dying…”