New blog post By Eleanor Tallon What does an experienced social worker and best interests assessor make of the Supreme Court hearing revisiting Cheshire West? openjusticecourtofprotection.org/2025/10/29/l...

“Liberty” in the Supreme Court

“What about somebody who is so demented they’re effectively catatonic. Just spend the day in front of a television set. Is that person- In what sense does that person have any liberty which she can…

openjusticecourtofprotection.org

Welfare deputies should always be consulted & will be the decision-maker for some decisions. I’ve been a deputy for 15yrs & it’s crucial for supporting my brain-injured sister. But disturbing case reveals how deputies were excluded openjusticecourtofprotection.org/2025/05/16/d...

DJ Clarke calls time on public body delay: Internet restrictions, consultation with deputies, and a rejection of judicial “micromanaging”

By Daniel Clark, 16th May 2025 This case concerns XY: an autistic man in his twenties who lived an active and sociable life until a decline in his mental health. As described in an earlier blog pos…

openjusticecourtofprotection.org

Please share! Public lecture - Mr Justice Nicklin - Open Justice: Fit for Purpose - Wednesday 4 June 2025 17:00 to 19:00 Location: Green Templeton College, University of Oxford Speaker: The Honourable Mr Justice Nicklin Register here: www.gtc.ox.ac.uk/news-and-eve...

Interesting piece for any doctor involved in Court of Protection hearings

Daniel Clark@clarkdaniel.bsky.social · 2y ago

I've now written something about the judgment and I'll be interested to hear what you think. Please do consider leaving a comment on the blog (there are no character limits) openjusticecourtofprotection.org/2025/04/25/r...

My new blog for @openjusticecop.bsky.social on the recent Supreme Court judgment that considers when and how freedom of expression can justifiably be limited. I think it has implications beyond life-sustaining treatment cases. What do you think? openjusticecourtofprotection.org/2025/04/25/r...

Reflections on the Supreme Court’s judgment in Abbasi on the duration of reporting restrictions

by Daniel Clark, 25th April 2025 On Wednesday 16th April 2025, the UK Supreme Court handed down judgment in two cases. One of them, For Women Scotland Ltd v The Scottish Ministers, has received a h…

openjusticecourtofprotection.org

This is such great news! And this blog has some valuable learning points for professionals of almost every variety

Amanda Hill@amandaaphill.bsky.social · 2y ago

I'm so happy that I can finally tell our family Court of Protection story in my own name. Thank you to @kitzingercelia.bsky.social for all of your support, And @doccmartin.bsky.social @gillloomesquinn.bsky.social @clarkdaniel.bsky.social too!! openjusticecourtofprotection.org/2025/04/09/o...

Draconian reporting restrictions in a contempt of court case: Severing continuity between judgments By @doccmartin.bsky.social and @amandaaphill.bsky.social openjusticecourtofprotection.org/2025/04/07/d...

Draconian reporting restrictions in a contempt of court case: Severing continuity between judgments

By Amanda Hill and Claire Martin (with acknowlegment of significant input and support from Celia Kitzinger) A few months ago, we observed a committal hearing at the Royal Courts of Justice at which…

openjusticecourtofprotection.org

The judge in this hearing was full of praise for P's social worker, and I thought it was worth highlighting. In the event I need a social worker fighting my corner, I hope it's someone like this

Open Justice Court of Protection Project@openjusticecop.bsky.social · 2y ago

New blog post by @clarkdaniel.bsky.social DJ Weir thanks a Sheffield City Council social worker for her "enthusiasm and passion" #OpenJustice #NotSecretCourt openjusticecourtofprotection.org/2025/04/04/d...

This is very worrying: "Is the Court of Protection still sending family members to prison in secret? I don’t know for sure. But I suspect the answer is ‘yes’."

Open Justice Court of Protection Project@openjusticecop.bsky.social · 2y ago

"Nobody has any idea how many people have been subject to contempt proceedings in CoP in any given year, what their alleged offences were, what the outcome was, or even whether or not they received custodial sentence" openjusticecourtofprotection.org/2025/03/09/c...

a compelling example of the dehumanising of someone who needs a health service, and his family, while the judge 'referees' the funding arguments

Amanda Hill@amandaaphill.bsky.social · 2y ago

I find it frustrating that the arguments are about silos of money - taxpayer's money. Is there not a better way of sorting out who pays for P's support other than before a High Court judge in the Court of Protection? @openjusticecop.bsky.social openjusticecourtofprotection.org/2025/03/05/p...

@thesmallplaces.bsky.social points out that the public bodies making best interests decision, rather than XY's mum (who's also his Health and Welfare) deputy), "seems like an example of bureaucratic overreach". Have a read - it's some really interesting commentary

Open Justice Court of Protection Project@openjusticecop.bsky.social · 2y ago

New blog post by Daniel Clark @clarkdaniel.bsky.social and Claire Martin @doccmartin.bsky.social (with commentary by Lucy Series @thesmallplaces.bsky.social) openjusticecourtofprotection.org/2025/02/27/a...

A very clear, comprehensive and thoughtful blog, thanks @clarkdaniel.bsky.social I found @doccmartin.bsky.social's commentary on complaints very interesting.

Daniel Clark@clarkdaniel.bsky.social · 2y ago

A lack of accountability for implementing best interests decisions. Family members being excluded. Failures to comply with court orders. The inability of these public bodies to work together to help a young man is shocking openjusticecourtofprotection.org/2025/02/27/a...

Calling lawyers/academics: We'd love a blog addressing civil vs criminal standards of proof. This comes up a lot in discussions with families in COP hearings. Not much has been written about it. Please contact me if you're interested. (I found this: scholarship.law.cornell.edu/facpub/222/)

A lack of accountability for implementing best interests decisions. Family members being excluded. Failures to comply with court orders. The inability of these public bodies to work together to help a young man is shocking openjusticecourtofprotection.org/2025/02/27/a...

A young man failed by NHS South West London ICB and the London Borough of Wandsworth

Working in the health service, I often hear families’ concerns or reasonable complaints framed as them being ‘anxious’ about their loved one’s care. I think it can be a manoeuvre to delegitimise th…

openjusticecourtofprotection.org

New blog post by @amandaaphill.bsky.social openjusticecourtofprotection.org/2025/02/23/p...

P has capacity to decide to leave hospital – but there’s nowhere for him to go: Untangling capacity, “being on a DOLS”, and the care plan

By Amanda Hill, 24th February 2025 P, the protected party in this case, is a young man in his twenties, with an acquired brain injury and a spinal injury that has caused paraplegia. He’s …

openjusticecourtofprotection.org

Last October I was in London to investigate how accessible (or not) two court buildings are. First Avenue House fared much better than the Royal Courts of Justice but both were plagued by small text on signs. Even a notice that said you could ask for documents in large print were in small print!

Open Justice Court of Protection Project@openjusticecop.bsky.social · 2y ago

A report on the accessibility of the Court of Protection in London. Inaccessible courts are bad for the public, bad for lawyers, and bad for the judiciary. @clarkdaniel.bsky.social identifies ways to improve accessibility in two court buildings openjusticecourtofprotection.org/2025/02/17/a...

An interesting post. I’m not really sure what the solution is to the problems with the Royal Courts of Justice. Ever since the building opened, people have been making (well-founded) jokes about it being a maze. It was even mentioned in the LCJ’s opening speech. Or this example from later in 1883.

Open Justice Court of Protection Project@openjusticecop.bsky.social · 2y ago

A report on the accessibility of the Court of Protection in London. Inaccessible courts are bad for the public, bad for lawyers, and bad for the judiciary. @clarkdaniel.bsky.social identifies ways to improve accessibility in two court buildings openjusticecourtofprotection.org/2025/02/17/a...

New blog post from the Open Justice Court of Protection Project. Hayden J approves experimental treatment requested by woman with anorexia. openjusticecourtofprotection.org/2025/02/03/j...

Judge approves use of esketamine in anorexia case: Re CC

By Elissa Novak, 3rd February 2025 Despite her own best efforts, and the support of her family and those involved in her care, a 21-year-old autistic woman diagnosed with depression and anorex…

openjusticecourtofprotection.org

The failure of parliament to take action on DoLS means that "the backlog [in processing applications] will grow and grow, and more and more people will be deprived of their liberty without adequate safeguards" openjusticecourtofprotection.org/2025/01/31/d...

Dispute about capacity and best interests in a s.21A application

By Daniel Clark, 31st January 2025 Mr H has lived in A Care Home since 2022. He is challenging his deprivation of liberty, pursuant to s21a of the Mental Capacity Act 2005[i], but the responde…

openjusticecourtofprotection.org

I'm a little late to reading this but it was worth the wait. It's an excellent book that rigorously pursues the evidence of Heidegger's commitment to Nazism. There's also engagement with Hannah Arendt's analysis of Heidegger without the unnecessary references to their relationship that others make

*Calling legal people* Why does the Court of Appeal sit as a panel? I can't seem to find an answer that would be unique to a *panel* as opposed a single judge

New blog post from @kitzingercelia.bsky.social @openjusticecop.bsky.social openjusticecourtofprotection.org/2025/01/07/u...

Urgent Serious Medical Treatment on Christmas Eve

By Celia Kitzinger, 7th January 2025 (This blog was written in December 2024 and set up for automated release in January in advance of the next listed hearing in this case on 10th January 2025. Not…

openjusticecourtofprotection.org

Wowzers, look at this graph of CQC ratings for for-profit, local authority and third sector care providers - says it all really...

As Celia says here, it's now very rare to see a journalist in Court of Protection hearings. When they are there, they often don't address the court or report on proceedings. That leaves it up to the public to 'fly the flag' of transparency: something that "can feel like a disproportionate burden"

Celia Kitzinger@kitzingercelia.bsky.social · 2y ago

My new blog post about yet another committal hearing - there was a run of them before Xmas openjusticecourtofprotection.org/2025/01/03/a...

"How many people would consider that having their every interaction supervised amounts to what they mean by having Christmas with their family? I certainly wouldn’t." openjusticecourtofprotection.org/2024/12/23/l...

“Let us be alone as a family again”: An application for unsupervised contact at Christmas

By Daniel Clark & Kim Dodd, 23rd December 2024 Like many other people, the protected party, CA, goes to church on Christmas morning and then enjoys spending the rest of the day with her family.…

openjusticecourtofprotection.org

I too am not Spartacus. Where lawyers are associated with the causes of their clients, lawyers are at risk. Keeping our distance is our responsibility to those of our profession on the frontlines all over the world.

Colin Yeo@colinyeo.bsky.social · 2y ago

Lawyers rightly complain when politicians, the media and the public associate us with our clients, leading to immigration law firms being targeted by neo-Nazis. So why do some lawyers also willingly do it to ourselves? Isn't that rather hypocritical? lag.org.uk/article/2163...

Heather Walton can be named as the mother of a P in a Court of Protection case. 2 days ago I could have been held in contempt of court for saying that: fined, had my assets seized or even been sent to prison. A blog: @openjusticecop.bsky.social openjusticecourtofprotection.org/2024/12/10/a...

A mother now free to tell her Court of Protection story

By Amanda Hill, with Heather Walton and Celia Kitzinger, 10th December 2024 Something significant happened in the Court of Protection on Wednesday 30th October 2024.  Not within the …

openjusticecourtofprotection.org

Been thinking about this since I read it yesterday. Arrogance, confidence and intrenched positions; alongside the blind belief of those who work for the state (especially local authority/NHS staff). A heady combination, which often results in deathly consequences (literally, not hyperbole).

Oliver Conway@oliverconway.bsky.social · 2y ago

Dissertations could be written about LA structures with this judgment. These children deserved so much better. This judgment also includes the immortal line “Their incoherence and recalcitrance in their written and oral evidence was astonishing to witness.” www.bailii.org/ew/cases/EWF...

This week! Still time to sign up for our next webinar - How to Observe Remote Court of Protection hearings. Thursday 5th December 2024 5-6pm Email openjustice@yahoo.com and we will send you the link.

How about adding into the Assisted Dying Bill an amendment to the NHS Act 2006 so that hospices are on the list of services the NHS has to provide?