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 I’m profoundly disturbed by this case (COP 12913981) before District Judge Beckley, which has been slowly progressing though the Court of Protection for more than two years[1].  It represents a missed opportunity for the court to engage with a vulnerable person’s best interests in a holistic way.  I want toContinue 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”

‘No Entry’: A committal hearing at the RCJ

By Daniel Cloake, 10th June 2021 “It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard.’” So reads the infamous line from The Hitchhiker’s Guide to the Galaxy to justify the assertion that the all-important plans hadContinue reading “‘No Entry’: A committal hearing at the RCJ”

Transparency, Privacy and the history of the Court of Protection

By Janet Weston, 27th April 2021 The Open Justice Court of Protection Project, which supports members of the public to observe hearings in the Court of Protection, is the clearest possible evidence that the Court of Protection can no longer be described (as it was in the press in 2015) as the most sinister andContinue reading “Transparency, Privacy and the history of the Court of Protection”