8 posts published by openjusticecourtofprotection during September 2025| Promoting Open Justice in the Court of Protection
By Daniel Cloake, 23rd September 2025 Editorial note: Judgment in this case has now been published: Re Carl Gardner, Deceased (Duration of Transparency Order). This blog is reprinted, with permissi…| Promoting Open Justice in the Court of Protection
None of us would want our loved ones to be placed (like AB's fiancee) in the position of having to defend the authenticity of our written documents after we’ve lost capacity. We want to produce documents that are sufficiently robust to avoid this kind of challenge| Promoting Open Justice in the Court of Protection
SJ Hilder’s view was that it would be wrong for planned surgery to be delayed while legal framework issues were resolved. The judge ran this hearing with clinical precision, setting out clearly wh…| Promoting Open Justice in the Court of Protection
This is a situation that could confront any of us - and our partners, ex-partners, family and friends. ... Another lesson from this case is the need to keep wills under review. One option open to Mr R when he still had testamentary capacity may have been either to change, re-affirm or clarify his will after his partner ended their relationship.| Promoting Open Justice in the Court of Protection
I’ve observed a lot of different judges in a lot of different hearings. If I were P, or a member of P’s family, DJ Clarke is a judge I’d be very happy to have hearing my case.| Promoting Open Justice in the Court of Protection
“Can we stress in your piece that social services need to listen to the families. That’s what I want to get out of this. They need to listen and understand that we have their best interests at hear…| Promoting Open Justice in the Court of Protection
In defiance of a court order and to prevent Miranda being temporarily moved out of the family home for assessment purposes, Miranda’s mother took her to Jamaica in early February 2023.| Promoting Open Justice in the Court of Protection
That experience has helped me to understand, on a visceral level, how easily autonomy can be subsumed under the guise of safety, support, and risk management. I notice the gulf between how I descri…| Promoting Open Justice in the Court of Protection
By Celia Kitzinger, 29th August 2025 Earlier this month, Sandra and Joe Preston published an account of their experience in the Court of Protection and queried whether the case about their relative’s “deprivation of liberty” was a good use of judicial time, tax-payers’ money and in the public interest. You can read their blog postContinue reading "Making it possible for families to tell their Court of Protection stories: How we got the reporting restrictions changed (while P is stil...| Promoting Open Justice in the Court of Protection
By Daniel Clark, 27th August 2025 This case concerns a young man with a hypoxic brain injury arising from a cardiac arrest. He is a drug user and a victim of cuckooing, (which is when a person’s dwelling is taken over without their consent for the purposes of committing or commissioning a crime). The applicantContinue reading "Lieven J grapples with cuckooing and the effect of a DOL order"| Promoting Open Justice in the Court of Protection
Post by @OpenJusticeCoP.| Promoting Open Justice in the Court of Protection
By Jenny Kitzinger, 8th August 2025 12th August 2025: The judgment has just been published (click on the case name): The Hillingdon Hospitals NHS Foundation Trust v YD & Others (Refusal of With…| Promoting Open Justice in the Court of Protection