Judge orders mentally ill woman to have forced caesarean – Daily Telegraph

‘ A High Court judge has given doctors permission to perform an urgent caesarean section on a mentally-ill woman with diabetes. The woman was delivered of a baby boy within hours of Mr Justice Hayden giving specialists at the Royal Free London NHS Trust approval for the procedure, following a five-hour hearing at the Court of Protection.’

Full story

Daily Telegraph, 1st February 2014

Source: www.telegraph.co.uk

Pulling back the curtain of privacy in family and Court of Protection proceedings – Halsbury’s Law Exchange

‘New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby.’

Full story

Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

Essex council sells elderly man’s £24,000 Pissarro painting to pay towards his care home fees – The Independent

Posted January 20th, 2014 in care homes, Court of Protection, elderly, fees, local government, news by sally

‘A painting belonging to an elderly man has been sold for £24,000 to help pay for his care home fees, a council said.’

Full story

The Independent, 17th January 2014

Source: www.independent.co.uk

Senior judge orders greater transparency in family court judgments – The Guardian

Posted January 17th, 2014 in Court of Protection, family courts, judgments, news, reporting restrictions by sally

‘Many more judgments from some of the UK’s most secret hearings will be published in future, the judge in charge of the family court and the court of protection has ordered.’

Full story

The Guardian, 16th January 2014

Source: www.guardian.co.uk

Is the Mental Capacity Act incompatible with the ECHR? – Halsbury’s Law Exchange

Posted January 10th, 2014 in Court of Protection, evidence, human rights, mental health, news, select committees by tracey

‘A group of leading lawyers has expressed concern that the current system for representation of certain protected parties (P) in Court of Protection proceedings is incompatible with the ECHR.’

Full story

Halsbury’s Law Exchange, 10th January 2014

Source: www.halsburyslawexchange.co.uk

Mental health patients being denied human rights in court, warn leading lawyers – The Independent

‘People with mental health problems are being denied justice by some Court of Protection judges who fail to even consider hearing patients’ testimony, leading lawyers have told a House of Lords inquiry.’

Full story

The Independent, 3rd January 2014

Source: www.independent.co.uk

Sir James Munby: Caesarean mother case shows need for “radical change” in family courts – Daily Telegraph

‘The case of a mother whose baby was taken away following an enforced caesarean is an “irrefutable demonstration of the pressing need for radical change” in the family courts, senior judge says.’

Full story

Daily Telegraph, 17th December 2013

Source: www.telegraph.co.uk

JO v GO and others – WLR Daily

Posted December 17th, 2013 in Court of Protection, jurisdiction, law reports, mental health, necessity, Scotland by sally

JO v GO and others [2013] EWHC 3932 (COP); [2013] WLR (D) 495

‘The English Court of Protection had no jurisdiction under section 7(1)(a) of the Mental Capacity Act 2005 to exercise its functions under the Act in relation to an incapacitated adult no longer habitually resident in England and Wales. In the case of an adult lacking capacity to decide where to live, habitual residence could in principle be lost and another habitual residence acquired without the need for any court order or other formal process. Provided that the removal had not been wrongful the doctrine of necessity applied; what was required was a decision taken by a relative or carer which was reasonable, arrived at in good faith and taken in the best interests of the assisted person. There was nothing in the 2005 Act to displace that approach.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

Pregnant woman with ‘very severe’ mental health problems could be forced to have Caesarean – The Independent

Posted December 12th, 2013 in birth, Court of Protection, medical treatment, mental health, news by sally

‘A pregnant woman with “very severe” mental health problems could be forcibly sedated and have her baby delivered via Caesarean section against her will if the need arose, a High Court Judge has ruled.’

Full story

The Independent, 11th December 2013

Source: www.independent.co.uk

Secret courts: couple tell of their struggle to adopt granddaughter – Daily Telegraph

‘Grandparents of child taken into care by Essex County Council tell of their anguish at not having legal rights to be her guardian.’

Full story

Daily Telegraph, 11th December 2013

Source: www.telegraph.co.uk

The mother, the C-section baby and ‘secret British court’: a secrecy scandal – or the birth of a scare story? – The Independent

‘The first grim details published about Alessandra Pacchieri’s brief stay in Britain were, as one commentator put it, “the stuff of nightmares”.
Over the past few days, however, a different story has emerged. Transcripts of judgments relating to the case have now been made public and they reveal the nuances behind the apparently callous decisions of judges.’

Full story

The Independent, 6th December 2013

Source: www.independent.co.uk

Judge rules that man in vegetative state should not be resuscitated if his condition deteriorates – The Independent

Posted December 5th, 2013 in Court of Protection, hospital orders, news by sally

‘A man in a vegetative state should not be resuscitated if his condition deteriorates, a High Court judge has ruled.’

Full story

The Independent, 4th December 2013

Source: www.independent.co.uk

“Forced” C-section case – what we know now – Halsbury’s Law Exchange

‘Reports of a C-section being forcibly carried out on a woman that came to light in the mainstream press this past weekend have quickly made international news.’

Full story

Halsbury’s Law Exchange, 3rd December 2013

Source: www.halsburyslawexchange.co.uk

Woman with IQ of 49 ‘was targeted for sham marriage’ – The Independent

‘A young woman with learning difficulties was “deliberately targeted” for a sham marriage to bolster a man’s immigration case, a High Court judge has ruled.’

Full story

The Independent, 3rd December 2013

Source: www.independent.co.uk

Lessons learned from the ‘Forced C-section’ case – UK Human Rights Blog

Posted December 3rd, 2013 in birth, care orders, Court of Protection, media, news, social services by sally

‘Journalist Christopher Booker reported in Saturday’s Telegraph that an Italian woman was forced by Essex County Council social services to have a cesarean section, and then had her baby taken away from her – all sanctioned by the Court of Protection.’

Full story

UK Human Rights Blog, 3rd December 2013

Source: www.ukhumanrightsblog.com

Sex offender Leslie Whiting who breached injunction ‘should be jailed’ – The Independent

‘A sex offender should be jailed for allegedly defying the orders of a court to stay away from a former girlfriend who has a learning disability, a judge was told yesterday.’

Full story

The Independent, 29th November 2013

Source: www.independent.co.uk

Islamic “marriage” ceremony at home declared invalid by Court of Protection – UK Human Rights Blog

Posted November 25th, 2013 in Court of Protection, immigration, learning difficulties, marriage, news by tracey

‘A Local Authority v SY [2013] EWHC 3485 COP (12 November 2013].
A judge in the Court of Protection has ruled that a man who had “exploited and took advantage” of a young woman for the purpose of seeking to bolster his immigration appeal had engaged in an invalid marriage ceremony.’

Full story

UK Human Rights Blog, 25th November 2013

Source: www.ukhumanrightsblog.com

Opening up the Family courts: Transparency in the Family court and the Court of Protection – Speech by the President of the Family Division and President of the Court of Protection

Posted November 12th, 2013 in Court of Protection, family courts, judges, media, reporting restrictions, speeches by tracey

“Opening up the Family courts: Transparency in the Family court and the Court of Protection – speech by the President of the Family Division and President of the Court of Protection on 11/11/2013.”

Full speech

Judiciary of England and Wales, 11th November 2013

Source: www.judiciary.gov.uk

Muslim family challenges ‘do not resuscitate’ ruling over gravely ill man – The Guardian

Posted November 11th, 2013 in appeals, Court of Protection, families, Islam, medical treatment, news by michael

“Court of Protection will hear Liverpool family’s lawyers argue that Qur’an calls for life to be preserved at all costs.”

Full story

The Guardian, 9th November 2013

Source: www.guardian.co.uk

More transparency for Court of Protection – Daily Telegraph

Posted October 18th, 2013 in Court of Protection, disclosure, news, reporting restrictions by tracey

“The Court of Protection could be opened up to the public and media in the future, one of the country’s most senior judges said.”

Full story

Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk