‘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.’
The Guardian, 16th January 2014
Source: www.guardian.co.uk
‘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.’
Halsbury’s Law Exchange, 10th January 2014
Source: www.halsburyslawexchange.co.uk
‘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.’
The Independent, 3rd January 2014
Source: www.independent.co.uk
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
‘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.’
The Independent, 11th December 2013
Source: www.independent.co.uk
‘Grandparents of child taken into care by Essex County Council tell of their anguish at not having legal rights to be her guardian.’
Daily Telegraph, 11th December 2013
Source: www.telegraph.co.uk
‘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.’
The Independent, 6th December 2013
Source: www.independent.co.uk
‘A man in a vegetative state should not be resuscitated if his condition deteriorates, a High Court judge has ruled.’
The Independent, 4th December 2013
Source: www.independent.co.uk
‘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.’
Halsbury’s Law Exchange, 3rd December 2013
Source: www.halsburyslawexchange.co.uk
‘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.’
The Independent, 3rd December 2013
Source: www.independent.co.uk
‘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.’
UK Human Rights Blog, 3rd December 2013
Source: www.ukhumanrightsblog.com
‘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.’
The Independent, 29th November 2013
Source: www.independent.co.uk
‘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.’
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 on 11/11/2013.”
Judiciary of England and Wales, 11th November 2013
Source: www.judiciary.gov.uk
“Court of Protection will hear Liverpool family’s lawyers argue that Qur’an calls for life to be preserved at all costs.”
The Guardian, 9th November 2013
Source: www.guardian.co.uk
“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.”
Daily Telegraph, 17th October 2013
Source: www.telegraph.co.uk
“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.”
Ministry of Justice, 15th October 2013
Source: www.consult.justice.gov.uk
“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.”
The Independent, 11th October 2013
Source: www.independent.co.uk
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