Wrongful arrest and a secret prison sentence: DJ Taylor (Truro) and the failure of open justice

By Celia Kitzinger, 20 July 2025 Since October 2024, I have been asking the Court of Protection (via the Bristol hub) for information about what happened at a committal hearing before DJ Taylor sitting in Truro at 2pm on Friday 25th October 2024. It’s COP 14097168 – the last in the CourtServe listing below. TheContinue reading “Wrongful arrest and a secret prison sentence: DJ Taylor (Truro) and the failure of open justice”

No more force (or threat of force) to compel feeding of woman with severe and enduring anorexia

By Elissa Novak and Brittany Murphy 4th July 2025 Editorial Note (Celia Kitzinger):  The hearing took place over two days on 24th and 25th June 2025, and there was a shifting group of six or so observers, some of whom took part in discussion about the case which contributed to the ideas expressed in thisContinue reading “No more force (or threat of force) to compel feeding of woman with severe and enduring anorexia”

Navigating engagement in capacity assessment

By Daniel Holt, 2nd July 2025 The case I observed in person before District Judge Clarke sitting at First Avenue House on 9th June 2025 (COP 20015914) was brought by the London Borough of Lewisham (the “LA”) and concerned a deaf adult with a mild learning disability (“P”), who was represented by the Official SolicitorContinue reading “Navigating engagement in capacity assessment”

Silence from HHJ Rowland: A transparency fail

By Celia Kitzinger, 29th June 2025 It’s been more than 10 months since I applied to discharge the transparency order in a s.21A case concerning a woman in her 90s who was deprived of her liberty in a care home.  She died in January 2023.  Her son wants to publish his account of “over fiveContinue reading “Silence from HHJ Rowland: A transparency fail”

Strongly held beliefs do not equate to lack of litigation capacity: Judgment concerning Luba Macpherson’s appeal against committal to prison

By Amanda Hill, 24th June 2024 “But in America, in my home, they are persecuting people for using their right to free speech and voicing their dissent. This is happening now.” (Bruce Springsteen, during his concert at Lille, Saturday 24 May 2025[1]) As well as saying people are persecuted for using their right to freeContinue reading “Strongly held beliefs do not equate to lack of litigation capacity: Judgment concerning Luba Macpherson’s appeal against committal to prison”

“Does that mean I am off the hook?”: A successful s21a Deprivation of Liberty Challenge

By Claire Martin, 23rd June 2025 I had some unexpected time on Monday 16th June 2025, so I had a look at the listings the night before, and this one caught my eye because it said ‘FINAL HEARING’, so I knew that the judge’s determination on the matters listed (‘capacity and best interests’) was likelyContinue reading ““Does that mean I am off the hook?”: A successful s21a Deprivation of Liberty Challenge”

Open Justice Court of Protection Project is five years old today

By the Core Team of the Open Justice COP Project (Celia Kitzinger, Gill Loomes-Quinn, Daniel Clark, Amanda Hill and Claire Martin), 15th June 2025 It was launched – with no funding and no clear plan about what we were going to do beyond observing a few hearings and writing some blog posts – on 15th JuneContinue reading “Open Justice Court of Protection Project is five years old today”

Preparing for possible future lack of capacity: My advance decision to refuse treatment and the case before Poole J

By Claire Martin, 13th June 2025 Le soleil ni la mort ne se peuvent regarder en face. You cannot stare straight into the face of the sun, or death. François de La Rochefoucauld, Maxim 26 Over the course of the last year or so, I’ve been thinking about what provisions I want to put inContinue reading “Preparing for possible future lack of capacity: My advance decision to refuse treatment and the case before Poole J”

A judge without a bundle adjourns the case

By Daniel Clark, 11th June 2025 A bundle is a collection of documents that are relevant to the decision that the court is being asked to make. As Kyle Squire, then a barrister at 5 Pump Court Chambers put it in a blog for the Open Justice Court of Protection Project, “‘Bundle’ may be aContinue reading “A judge without a bundle adjourns the case”

Unsuccessful Application for Permission to Appeal

By Claire Martin, 19th May 2025 In May 2024, a year ago, Amanda Hill blogged about this case: “The protected party in this case (“L”) is a man in his twenties with “significant learning disability”, autism and complex physical disabilities. He had been living at home with a care package in place until July 2021, whenContinue reading “Unsuccessful Application for Permission to Appeal”