“The mother of a young woman with learning difficulties who is pregnant with her second child broke down in tears as she pleaded with a high court judge to allow her daughter to be forcibly sterilised for her own protection.”
The Guardian, 15th February 2011
Source: www.guardian.co.uk
Related: Test case over sterilisation puts court of protection under public scrutiny
“Here is a potted guide to the Court of Protection, which is expected to rule today on whether a woman with a learning disability should be sterilised to prevent her from becoming pregnant again.”
Daily Telegraph, 15th February 2011
Source: www.telegraph.co.uk
“A controversial court that still holds its hearing in private will decide tomorrow whether a pregnant woman with learning difficulties should be forcibly sterilised once she gives birth.”
The Independent, 14th February 2011
Source: www.independent.co.uk
“A man with a low IQ has been banned from having sex by a High Court judge who admitted the case raised questions about ‘civil liberties and personal autonomy’.”
Daily Telegraph, 4th February 2011
Source: www.telegraph.co.uk
“One of Britain’s most secretive courts opened itself to public scrutiny yesterday after a High Court judge lifted reporting restrictions on work done by a hitherto-closed corner of the British justice system. The Court of Protection oversees cases involving vulnerable people who lack the mental capacity to make key decisions about their life, such as brain-damaged soldiers or people with Alzheimer’s. But its workings were conducted entirely behind closed doors until a successful legal challenge by The Independent earlier this year.”
The Independent, 9th December 2010
Source: www.independent.co.uk
“One of Britain’s most secretive courts opened itself to public scrutiny yesterday after a High Court judge lifted reporting restrictions on work done by a hitherto-closed corner of the British justice system.”
The Independent, 9th December 2010
Source: www.independent.co.uk
“A judge has criticised a council for trying to have contraception forced upon a woman with a low IQ, warning that the move had ‘shades of social engineering’.”
Daily Telegraph, 18th August 2010
Source: www.telegraph.co.uk
“The President of the Court of Protection, Sir Nicholas Wall, today [29th July] published the Court of Protection Rules Committee’s Review.”
Judiciary of England and Wales, 29th July 2010
Source: www.judiciary.gov.uk
“Neil Barker has no memories of the 35 days following a horrific motor bike crash which left him with brain injuries and needing his eye socket rebuilt.”
BBC News, 27th July 2010
Source: www.bbc.co.uk
“Denzil Lush, Senior Judge said the Government had failed to anticipate the volume of work that would ‘inundate’ the tribunal that rules on the financial affairs and medical treatment of the elderly and mentally ill, or the ‘burden’ it would place on staff.”
Daily Telegraph, 11th June 2010
Source: www.telegraph.co.uk
“The Court of Protection today published its first report. It was set up in October 2007 and the report covers the 27 months to the end of 2009.”
Judiciary of England and Wales, 10th June 2010
Source: www.judiciary.co.uk
“Judges are too quick to make wills for mentally ill or elderly people in favour of ‘Johnny-come-lately’ relatives, according to a legal expert.”
Daily Telegraph, 10th June 2010
Source: www.telegraph.co.uk
Independent News & Media Ltd and others v A [2010] EWCA Civ 343; [2010] WLR (D) 94
“Hearings held in the Court of Protection would normally be held in private but in certain circumstances the media could be authorised to attend and report proceedings.”
WLR Daily, 12th April 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A controversial court which hears all of its cases in secret will open its doors to the media from today, following a successful legal challenge by The Independent which was immediately hailed as a ‘hugely important’ victory for transparency.”
The Independent, 1st April 2010
Source: www.independent.co.uk
Pitt and another v Holt and another [2010] WLR (D) 2
“A receiver appointed under the Mental Health Act 1983 by the Court of Protection was entitled to rely on the principle that, where a trustee exercised a discretion pursuant to the terms of the trust and the effect of the exercise was different from that intended, the court would set aside his action if it was clear that he would not have acted as he had, had he not failed to take into account considerations which he ought to have taken into account, or taken into account considerations which he ought not to have taken into account (‘the Hastings-Bass principle’).”
WLR daily, 19th January 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Committee set up to review the Court of Protection Rules 2007.”
Judiciary of England and Wales, 4th December 2009
Source: www.judiciary.gov.uk
“A secretive court which handles some of the most difficult and sensitive cases in England and Wales is to open to the media for the first time, after a successful legal challenge by The Independent.”
The Independent, 13th November 2009
Source: www.independent.co.uk
“The Justice Secretary Jack Straw has responded to recent media coverage regarding the Office of the Public Guardian and the Court of Protection.”
Ministry of Justice, 4th November 2009
Source: www.justice.gov.uk
“A court set up to look after the financial interests of people suffering from mental incapacity through illness, accident or dementia has sparked more than 2,000 complaints a year since it was set up.”
Daily Telegraph, 25th October 2009
Source: www.telegraph.co.uk
“Closed court hearings involving some of the most difficult and sensitive cases in England and Wales could soon be opened to the public following a legal challenge brought by The Independent.”
The Independent, 6th October 2009
Source: www.independent.co.uk
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