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

Transforming the services of the Office of the Public Guardian – enabling digital by default – Ministry of Justice

“Our consultation paper ‘Transforming the Services of the Office of the Public Guardian’, published on 27 July 2012, invited comments on a range of issues related to the Office of the Public Guardian’s (OPG) aspiration to deliver its services digitally by default. In our response, published in January 2013, we set out the changes that we would complete by April 2013. This included reducing the statutory waiting period for registering a Lasting Power of Attorney (LPA) form from six weeks to four weeks and amending the regulations to allow court appointed deputies to change bond provider without the need to apply to the Court of Protection. However, other changes required further policy development or were dependant on the OPG replacement IT system being in place in 2014.”

Full story

Ministry of Justice, 15th October 2013

Source: www.consult.justice.gov.uk

Six years, three judges, £350,000 in costs to the taxpayer… and no change: Judge hits out at ‘astonishing’ cost of Court of Protection case – The Independent

“A High Court Judge has hit out at the ‘astonishing’ cost of a six year legal battle in the Court of Protection which ended today after all parties agreed a woman should stay in care.”

Full story

The Independent, 11th October 2013

Source: www.independent.co.uk

Court of Protection Update – Family Law Week

“Sally Bradley and Michael Edwards, barristers, 4 Paper Buildings, consider three important judgments of the Court of Protection.”

Full story

Family Law Week, 20th September 2013

Source: www.familylawweek.co.uk

Top judge calls for more Court of Protection cases to be made public – The Independent

Posted September 20th, 2013 in Court of Protection, judges, news, reporting restrictions by sally

“A leading judge has called for more cases in the Court of Protection to be made public.”

Full story

The Independent, 19th September 2013

Source: www.independent.co.uk

Sterilising an incapacitous male patient: an unnecessary decision? – Halsbury’s Law Exchange

“For the first time a court has sanctioned the sterilisation of an incapacitous male patient: see An NHS Trust v DE and others: [2013] EWHC 2562 (Fam): Mrs Justice Eleanor King in the Court of Protection: judgment handed down on 16 August 2013.”

Full story

Halsbury’s Law Exchange, 27th August 2013

Source: www.halsburyslawexchange.co.uk

High Court upholds autonomy over fatherhood for learning disabled man – UK Human Rights Blog

“For the first time a UK court has permitted non therapeutic sterilisation of a male individual who, through learning disabilities, was unable to consent to such a procedure.”

Full story

UK Human Rights Blog, 20th August 2013

Source: www.ukhumanrightsblog.com

Thousands of UK citizens ‘detained unlawfully’ – Law Society’s Gazette

“Tens of thousands of vulnerable people are being detained unlawfully due to the complexity of the Mental Capacity Act (MCA), lawyers have told a House of Lords committee.”

Full story

Law Society’s Gazette, 12th August 2013

Source: www.lawgazette.co.uk

Man with learning difficulties could be forcibly sterilised in UK first – Daily Telegraph

Posted August 5th, 2013 in children, Court of Protection, learning difficulties, news, sterilisation by sally

“A man with learning difficulties could become the first in the country to have a vasectomy on the orders of a judge in a case lawyers insist is ‘not covered by a shadow of eugenics’.”

Full story

Daily Telegraph, 2nd August 2013

Source: www.telegraph.co.uk

Council wins right to sell family assets to pay care bill – Daily Telegraph

Posted July 22nd, 2013 in carers, costs, Court of Protection, elderly, guardianship, mental health, news by sally

“A local authority has won the right to sell off family heirlooms, including a £30,000 Lucien Pissarro painting, to pay for an elderly man’s care bills.”

Full story

Daily Telegraph, 19th July 2013

Source: www.telegraph.co.uk

Revealed: How UK justice is dispensed out of hours down the phone line – The Independent

“The Court of Protection is facing fresh questions about transparency, as The Independent reveals that its judges are making life-or-death decisions over the phone, with incomplete evidence, in proceedings that are not always recorded.”

Full story

The Independent, 24th June 2013

Source: www.independent.co.uk

Sir Mark Hedley: The judge who opened the doors to Britain’s most secretive court – The Independent

“Sir Mark Hedley decided that the public should know about the judiciary’s highly sensitive rulings. He tells Emily Dugan why.”

Full story

The Independent, 16th June 2013

Source: www.independent.co.uk

Secret Courts – BBC Unreliable Evidence

“Leading human rights barrister Dinah Rose challenges cabinet minister Ken Clarke over the Government’s extension of the use of secret courts.”


BBC Unreliable Evidence, 5th June 2013

Source: www.bbc.co.uk

Statutory Wills Update – Thirty Nine Essex Street

Posted June 4th, 2013 in Court of Protection, mental health, news, wills by sally

“This paper addresses the exercise by the Court of Protection of its power under s.18(1)(i) Mental Capacity Act 2005 (‘MCA 2005’) to execute a will for P where P is incapable of making a valid will for him or herself. Such so-called statutory wills (although the phrase does not in fact appear in the MCA 2005) are a very powerful tool that the Court can deploy to protect P and, in particular, P’s estate. Having set the statutory scene, this paper address two key aspects of the Court’s jurisdiction in this regard: (1) the assessment of P’s best interests; and (2) the assessment of P’s testamentary capacity (and, linked, how this assessment relates to the assessment that is undertaken outside the Court’s jurisdiction).”

Full story (PDF)

Thirty Nine Essex Street, May 2013

Source: www.39essex.com

Woman jailed by ‘secret court’ for taking father out of care home talks for first time of her ordeal – Daily Telegraph

“A woman jailed by a ‘secret court; for trying to take her dying father out of his care home and fly him to Turkey has spoken about her ordeal for the first time.”

Full story

Daily Telegraph, 30th May 2013

Source: www.telegraph.co.uk