Category: Court of Protection

Remote justice: a family perspective – Transparency Project

Posted March 30th, 2020 in coronavirus, Court of Protection, courts, families, health, health & safety, live link evidence, news, remote hearings by sally

‘On Tuesday 17 March 2020, less than 24 hours after the Prime Minister’s announcement to the nation to avoid all non-essential contact due to COVID-19, I attended the first entirely remote hearing for the Court of Protection. I was there in a voluntary, non-official capacity to support someone I’ll call “Sarah”, whose father was at the centre of a serious medical treatment case.’

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Transparency Project, 29th March 2020

Source: www.transparencyproject.org.uk

Re: ACC & Ors [2020] EWCOP 9 – 3PB

Posted March 26th, 2020 in chambers articles, conflict of interest, Court of Protection, law firms, news by sally

‘The case concerned the conflicts of interests that may arise where property and affairs
deputies employed by a law firm instruct that firm to carry out instructions for P, or to
conduct litigation on P’s behalf.’

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3PB, 10th March 2020

Source: www.3pb.co.uk

Vice-President of Court of Protection issues further guidance for judges and practitioners on hearings – Local Government Lawyers

Posted March 25th, 2020 in codes of practice, coronavirus, Court of Protection, health, health & safety, news, remote hearings by sally

‘No hearings in the Court of Protection which require people to attend are to take place unless there is a genuine urgency and it is not possible to conduct a remote hearing, the Court’s Vice-President has said.’

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Local Government Lawyer, 24th March 2020

Source: www.localgovernmentlawyer.co.uk

COVID-19 and family courts: Links in one place to new arrangements – Transparency Project

Posted March 24th, 2020 in children, coronavirus, Court of Protection, education, families, family courts, health, health & safety, news, school children by sally

‘There’s been a flurry of new guidance in response to the pandemic. We’ve gathered some useful links (with key definitions) to help families, advice workers and professionals find and use practical information more easily.’

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Transparency Project, 21st March 2020

Source: www.transparencyproject.org.uk

When Ignorance is bliss for a protected party – Byrom Street Chambers

Posted March 23rd, 2020 in accidents, chambers articles, compensation, consent, Court of Protection, news, personal injuries by sally

‘Darrel Crilley provides his views on what is becoming known as an EXB Order. For certain clients who lack capacity, whether that lack of capacity arises from a brain injury, psychiatric illness or some synergistic combination of the two, it has been identified that their best interests can be served by them not knowing the quantum and constituent parts of a settlement reached on their behalf.’

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Byrom Street Chambers, 9th March 2020

Source: www.byromstreet.com

Court of Protection Newsletter #18 – Spire Barristers

Posted March 19th, 2020 in chambers articles, coronavirus, Court of Protection, news by sally

‘Welcome to the March issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 18th March 2020

Source: spirebarristers.co.uk

First all-Skype trial tests crisis working at CoP – Law Society’s Gazette

Posted March 19th, 2020 in coronavirus, Court of Protection, live link evidence, news by sally

‘An entire trial is being conducted over Skype in a legal first that lawyers say could be a model way to ensure court business continues during the Covid-19 pandemic.’

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Law Society's Gazette, 19th March 2020

Source: www.lawgazette.co.uk

Court approval needed to start CoP litigation, says judge – Law Society’s Gazette

Posted March 9th, 2020 in codes of practice, conflict of interest, Court of Protection, law firms, news by tracey

‘Deputies acting for incapacitated clients should seek permission from the court if they want to start litigation on their behalf, a judge has indicated.’

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Law Society's Gazette, 9th March 2020

Source: www.lawgazette.co.uk

Vulnerable 16-17 years olds: Children Act, Court of Protection or Inherent Jurisdiction – Garden Court Chambers

Posted February 26th, 2020 in care orders, chambers articles, children, Court of Protection, jurisdiction, news, young persons by sally

‘In the following two cases, the High Court grappled with questions concerning the welfare of vulnerable older children who lack capacity and the cross-cutting jurisdictions of the Children Act, the Inherent Jurisdiction of the High Court, and the Court of Protection.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Court of Protection Newsletter #17 – Spire Barristers

Posted February 21st, 2020 in chambers articles, Court of Protection, news by sally

‘Welcome to the February issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barrister, 14th February 2020

Source: spirebarristers.co.uk

Cross-Border cases and the inherent jurisdiction – Doughty Street Chambers

Posted January 21st, 2020 in Court of Protection, domicile, foreign jurisdictions, jurisdiction, news by sally

‘In Re QD, the children of a man is his sixties, living in Spain with his second wife, KD, had become concerned about the care that KD was providing. KD started proceedings in Spain but before these had concluded, QD’s children brought him to England and moved him to a care home.’

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Doughty Street Chambers, 17th January 2020

Source: insights.doughtystreet.co.uk

Mental Capacity Guidance Note: Deprivation of Liberty in the Hospital Setting – 39 Essex Chambers

Posted November 20th, 2019 in Court of Protection, deprivation of liberty safeguards, hospitals, human rights, mental health, news by sally

‘The law governing the deprivation of a person’s liberty in a hospital can be complex. In every case it involves (or should involve) consideration of the question of what amounts to a deprivation of liberty for the purposes of domestic legislation and Article 5 of the European Convention of Human Rights (‘ECHR’). In very many cases, it involves the interface of two statutory regimes (the Mental Health Act 1983 (‘MHA 1983’) and the Mental Capacity Act 2005 (‘MCA 2005’)).’

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39 Essex Chambers, 11th November 2019

Source: www.39essex.com

‘Best Interests’- how to decide? – Family Law

Posted November 8th, 2019 in children, Court of Protection, elderly, mental health, news, official solicitor by tracey

‘I act as a Deputy for many clients, young and old, with different needs, requests and expectations. I manage their money and need to make best interest decisions daily. When a client lacks capacity to make a particular decision then it’s my job to help support them in making that decision. If they can’t make a particular financial decision then I become the “decision maker”.’

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Family Law, 8th November 2019

Source: www.familylaw.co.uk

Judge criticises council for breaching duty of disclosure when making streamlined application for authorisation of deprivation of liberty – Local Government Lawyer

Posted October 31st, 2019 in Court of Protection, deprivation of liberty safeguards, disclosure, local government, news by sally

‘A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty.’

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Local Government Lawyer, 30th October 2019

Source: www.localgovernmentlawyer.co.uk

Applications to the Court of Protection: The Notification Process – Family Law

Posted October 11th, 2019 in Court of Protection, deputyship, news, notification, time limits by tracey

‘The Court of Protection is unable to make a Deputyship order unless the appropriate notification process has been followed by the applicant.’

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Family Law, 10th October 2019

Source: www.familylaw.co.uk

Social services should not help man meet sex workers, judge rules – The Guardian

Posted October 8th, 2019 in Court of Protection, learning difficulties, local government, news, prostitution, social services by tracey

‘A judge has ruled that social services should not facilitate access to prostitutes for a man with learning disabilities who has a “high sex drive”.’

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The Guardian, 7th October 2019

Source: www.theguardian.com

Can parents agree to a 16 year old being detained? – Transparency Project

Posted October 1st, 2019 in appeals, care orders, children, Court of Protection, detention, families, human rights, Law Commission, local government, news, parental responsibility, parental rights, Supreme Court by sally

‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’

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Transparency Project, 28th September 2019

Source: www.transparencyproject.org.uk

Giving birth and the Court of Protection – Transparency Project

Posted September 3rd, 2019 in birth, consent, Court of Protection, health, learning difficulties, news, pregnancy by sally

‘Every year, there are a handful of applications to the Court of Protection to authorise delivery a baby by caesarean section against the wishes of the mother, or where the mother is unable to express a preference due to significant mental impairment. Since the case of FG in 2014 (NHS Trust & Ors v FG [2014] EWCOP 30), the guidance given to medical practitioners has been that a court application is required where a c-section is proposed but the merits are finely balanced or will involve more than transient forcible restraint; where there is a serious dispute about the patient’s best interests; or where there is a real risk that the proposed treatment constitutes a deprivation of the patient’s liberty.’

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Transparency Project, 2nd September 2019

Source: www.transparencyproject.org.uk

Capacity and sexual relations – trying to make it personal – Local Government Lawyer

Posted July 25th, 2019 in consent, Court of Protection, married persons, news by tracey

‘Alex Ruck Keene analyses the latest Court of Protection ruling on capacity and sexual relations.’

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Local Government Lawyer, 19th July 2019

Source: www.localgovernmentlawyer.co.uk

Capacity to consent to sexual relations: obscurity illuminated? – Transparency Project

Posted July 24th, 2019 in consent, Court of Protection, disabled persons, families, human rights, learning difficulties, local government, media, news, privacy by sally

‘The intimate life of a woman, who is known to the public only by the initials NB, is the subject of a case in the Court of Protection which attracted headlines earlier this year. A further judgment has recently been published, following an interim judgment published in May.’

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Transparency Project, 23rd July 2019

Source: www.transparencyproject.org.uk