By Celia Kitzinger, 18 March 2024 “The first thing I need to decide,” says the judge, “is who is acting for Mrs P”. It turns out there’s a difficulty. Two legal team have turned up in court, both purporting to represent the protected party. Mrs P (who has a – disputed – dementia diagnosis) considers that sheContinue reading “When two legal teams turn up in court to represent P: Disputed capacity to conduct proceedings”
Tag Archives: Transparency
‘The point is this – she is scared and vulnerable’: Judge about Laura Wareham
By Claire Martin, 17 March 2024 There has been a series of hearings concerning Laura Wareham. I observed a previous hearing in June 2023, and blogged about it here. At that hearing, the Health Board was seeking a 12-week cessation of all contact between Laura and her parents. In this blog, I have chosen to write aboutContinue reading “‘The point is this – she is scared and vulnerable’: Judge about Laura Wareham”
Forewarned is forearmed
By “Rose”, 15 March 2024 I am a potential future ‘P’ – a disabled woman who has a history of making unwise decisions about my physical health. From the moment a potential application to the Court of Protection was mentioned to me a few years ago I felt panic. My logical head understood why myContinue reading “Forewarned is forearmed”
An articulate and intelligent P is found to lack capacity: Laura Wareham in court
By Amanda Hill, formerly “Anna” 14 March 2024 I observed all three days of the public hearing concerning Laura Wareham (COP 1397774T) from 19th to 21st February 2024. But the part of the hearing that will particularly stay in my memory was Laura’s statement to the court, lasting for about 30 minutes. She spoke eloquently, articulately,Continue reading “An articulate and intelligent P is found to lack capacity: Laura Wareham in court”
US expert to assess whether COVID-19 vaccination is in P’s best interests
By Celia Kitzinger, 12th March 2024 He’s in his early 20s with a severe learning disability, having been born with partial Trisomy 13, meaning that he has an extra chromosome. He also has a congenital heart condition known as “Tetralogy of Fallot”. He lives at home with his mother who is his primary carer (though he alsoContinue reading “US expert to assess whether COVID-19 vaccination is in P’s best interests “
Judge declines to authorise a deprivation of liberty (for now)
by Daniel Clark, 11th March 2024 While Deprivation of Liberty Safeguards (DoLS) in a care home or hospital have little judicial oversight (unless someone appeals or the restrictions are particularly severe), a deprivation of liberty in the community is reviewed by a judge. These are often decided on the papers, in a streamlined procedure knownContinue reading “Judge declines to authorise a deprivation of liberty (for now)”
A rock and a hard place: Abortion decision for an incapacitous and conflicted P
By Celia Kitzinger, 10th March 2024 The judgment has now been published and is available here: Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP 17 The 35-year-old woman (NR) at the centre of this case (COP 14216100) is 22 weeks pregnant, and currently detained under s.3 of the Mental HealthContinue reading “A rock and a hard place: Abortion decision for an incapacitous and conflicted P”
Outsourcing legal reporting to a Christian campaign group: Churnalism in “The Times”
By Celia Kitzinger, 9th March 2024 Readers of The Times probably imagine theirs is a superior sort of newspaper. It’s the oldest national daily newspaper in the UK (founded in 1785) and has been widely seen as the “paper of record” on public life. It proclaims itself to be a source of news that readersContinue reading “Outsourcing legal reporting to a Christian campaign group: Churnalism in “The Times””
“I’ve said my piece” – a social worker on long-term sick leave, a lack of communication and a frustrated judge
By Amanda Hill, formerly known as Anna 8th March 2024 I had tried to observe a hearing before District Judge Bland a few days before this one, but due to problems with technology, I hadn’t been able to, as I wrote about here. I was pleased, therefore, that I was able to observe this hearing.Continue reading ““I’ve said my piece” – a social worker on long-term sick leave, a lack of communication and a frustrated judge”
Life-Sustaining Treatment applications: Hayden J confirms guidance in Re EUP
By Hita Jadeja, 7th March 2024 I am a solicitor with a background in commercial dispute resolution and inhouse advisory work. I have developed a strong interest in the field of health and social care law, mental capacity and mental health law. My background in litigation is useful, but health and social care law, mental capacityContinue reading “Life-Sustaining Treatment applications: Hayden J confirms guidance in Re EUP”
Promoting Open Justice in the Court of Protection 