Category: Court of Protection
Kidney failure patient forced to have dialysis – Daily Telegraph
“The man, who cannot be identified for legal reasons, had resisted dialysis and doctors believe that without it he will die within weeks. Managers at the hospital where he is being treated applied to the Court of Protection for legal permission to use proportionate restraint, if necessary, to force him to have the life saving treatment.”
Daiy Telegraph, 29th May 2012
Source: www.telegrpah.co.uk
‘Living wills’ need to be completely clear, rules judge – Daily Telegraph
“‘Living wills’ that stipulate exactly how a person wants to die should be drawn up with absolute clarity, a judge has ruled after concluding a 67-year-old man with motor neurone disease had made a ‘valid decision’ to refuse treatment.”
Daily Telegraph, 1st May 2012
Source: www.telegraph.co.uk
Best Interest decision-making in the Court of Protection – No. 5 Chambers
“Decision making in the Court of Protection on behalf of persons who lacks capacity is a familiar role for the court. The High Court has exercised its parens patriae jurisdiction in order to take decisions on behalf of vulnerable individuals for over 700 years. This jurisdiction was originally part of the Royal Prerogative, deriving from power and duty, based upon the Monarch’s conscience, to intervene in order to protect the best interests of his subjects in circumstances where those individuals could not make decisions for themselves.”
Full story (PDF)
No. 5 Chambers, 1st March 2012
Source: www.no5.com
Foster parents told to stay away from ‘autistic’ man – The Independent
“A vulnerable young man with significant learning difficulties and ‘autistic tendencies’ was controversially taken away from his foster family of 12 years, the Court of Protection heard yesterday.”
The Independent, 11th February 2012
Source: www.independent.co.uk
Autistic woman banned from having sex in latest Court of Protection case – Daily Telegraph
“A senior judge has effectively banned a vulnerable young woman from having sex on the grounds that she does not understand the risks involved.”
Daily Telegraph, 3rd February 2012
Source: www.telegraph.co.uk
Cash crisis slows justice for the vulnerable at Court of Protection – The Independent
“Hundreds of vulnerable people seeking court decisions about where they live or whom they can meet could experience months of delays because the government expert protecting their interests has almost run out of money, The Independent can disclose.”
The Independent, 4th February 2012
Source: www.independent.co.uk
Appeals soar after secret courts are opened to public – The Independent
“The number of appeals against deprivation of liberty orders has surged in the aftermath of a controversial Court of Protection case championed by The Independent, new figures show.”
The Independent, 2nd January 2012
Source: www.independent.co.uk
Court of protection must balance needs of vulnerable with rights of family – The Guardian
2The court of protection’s reputation as a faceless or secretive court is unfair. By their very nature, the cases heard are private to the individuals concerned and their families.”
The Guardian, 7th November 2011
Source: www.guardian.co.uk
Court of protection should be open to public scrutiny, says leading judge – The Guardian
“The tortuous decision-making processes of the most controversial – and intensely private – court in England should be opened up to public scrutiny, Sir Nicholas Wall, the head of the court of protection, says.”
The Guardian, 6th November 2011
Source: www.guardian.co.uk
The court of protection: defender of the vulnerable or shadowy and unjust? – The Guardian
“Court hears 23,000 often harrowing cases a year, making decisions for people unable to manage their own affairs.”
The Guardian, 6th November 2011
Source: www.guardian.co.uk
Daughter of stroke victim who gave £500,000 to secretary in legal tussle – Daily Telegraph
“The daughter of an elderly stroke victim who gave over half a million pounds to the secretary who helped draw up his will has won a bitter dispute to get the money back.”
Daily Telegraph, 12th October 2011
Source: www.telegraph.co.uk
‘M’ and the law: a difficult case heard in the right court – The Guardian
“A brain-damaged woman’s family didn’t get the judgment it wanted, but in the past it was more painful for such cases even to be brought.”
The Guardian, 29th September 2011
Source: www.guardian.co.uk
Court of Protection case to be reported in real time after landmark legal ruling – The Guardian
“A son’s battle to care for his elderly father made legal history on Monday when a judge ruled that his case against the local authority could be reported in ‘real time’.”
The Guardian, 8th August 2011
Source: www.guardian.co.uk
