Delays in finding an Acquired Brain Injury Placement: “A very significant degree of muddle”

By Gaby Parker, 29th June 2021 On 23rd June 2021 I observed a hearing (via MS Teams) before Mr Justice Hayden in the Court of Protection: COP 1354439T Re. PH.  The case was about finding a suitable placement for P who remains in hospital although he is fit for discharge and has been for a long time. TheContinue reading “Delays in finding an Acquired Brain Injury Placement: “A very significant degree of muddle””

Why covid vaccination is NOT in this care home resident’s best interests

I really wasn’t sure which decision Mr Justice Hayden was going to make as I sat through the hearing. Details of all possible options were closely examined, especially the option of using a sedative which was discussed in some depth, so I was really quite relieved when he delivered the judgment and I absolutely agree with his decision and with the reasoning behind it.

Covid vaccination in the Court of Protection

By Bonnie Venter, Monday 15th February 2021 Editorial notes: (1) For a different perspective on this same hearing, see the blog by Bridget Penhale (click here); (2) The judgment has now been published SD v Royal Borough of Kensington And Chelsea [2021] EWCOP 14 (10 February 2021) As an academic researching and teaching Medical Law,Continue reading “Covid vaccination in the Court of Protection”

Refusing kidney dialysis – a daughter’s reflections

“When I asked for access to observe a hearing in the Court of Protection, I had no idea how close to home the key issue would turn out to be. …. The person at the centre of the case, AI, has end stage kidney disease. .. he’ll probably refuse to come back in for dialysis. This could mean that he dies…. My father died just over a year ago (in his mid 70s) because he, too, refused dialysis.”

Privacy, Capacity, and the Judge’s Communication Skills

“Hayden J has been at the forefront of ensuring that the voice of P is heard in the Court of Protection and that P is included in the hearing about them as much as is feasible… This hearing embodied that, with Hayden J taking the lead in ensuring that Ms P’s voice was not only heard but that she fully understood the proceedings. “

Should life-sustaining treatment be continued?

“Nine public observers attended (via MS Teams) an all-day hearing in the Court of Protection before Mr Justice Poole (COP 1353507, 30 October 2020) concerning whether or not life-sustaining treatment should be continued…”

A Patient with Severe and Enduring Anorexia Nervosa: The need for a declaration and the capacity to make a decision

“…The judgment for this hearing will be handed down within the next week. If AB is found to have capacity by Mrs Justice Roberts, this will be the first case in England and Wales since 2012 in which a patient with severe and enduring anorexia nervosa is found to have capacity to make her own decisions about nutrition…”