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.”

Listen

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

Bipolar patient has capacity to decide to terminate pregnancy – UK Human Rights Blog

Posted May 28th, 2013 in abortion, Court of Protection, mental health, news by sally

“The patient in this case was a 37 year old highly intelligent graduate who worked in IT. For the past 8 years she presented with symptoms which were diagnosed as those of bi-polar disorder. She had been detained under compulsory or similar powers at various times in Italy, in France and here in England.”

Full story

UK Human Rights Blog, 24th May 2013

Source: www.ukhumanrightsblog.com

Bipolar woman wins High Court battle for right to have abortion – The Independent

Posted May 24th, 2013 in abortion, Court of Protection, mental health, news by tracey

“A pregnant woman with severe mental health problems is expected to have an abortion after a High Court judge ruled that she was capable of making the decision.”

Full story

The Independent, 21st May 2013

Source: www.independent.co.uk

Judge to rule if man can refuse help for cancer – Daily Telegraph

Posted May 21st, 2013 in cancer, Court of Protection, medical treatment, mental health, news by sally

“A judge has been asked to decide if a man who suffers from a chronic mental illness should be treated for possible testicular cancer after he refused the treatment recommended by doctors.”

Full story

Daily Telegraph, 20th May 2013

Source: www.telegraph.co.uk

Court of Protection openness call by justice secretary – BBC News

Posted May 2nd, 2013 in Court of Protection, family courts, news, private hearings by sally

“The justice secretary has asked a senior judge to consider whether the court dealing with the affairs of mentally incapable people in England and Wales can become more open.”

Full story

BBC News, 2nd May 2013

Source: www.bbc.co.uk