In this series of posts, I’m exploring how to approach a situation if, during Court of Protection proceedings, the professionals views about what I’d viable or what is in P’s best interests. It happens sometimes, and it’s inconvenient and difficult to navigate. But not impossible to achieve. I’m using an example from my recent casesContinue reading “About face: changing your position during Court of Protection proceedings – part 2”
Category Archives: court of protection
About face: changing your position during Court of Protection proceedings – part 1
I want to talk about a relatively common occurrence that occurs during Court of Protection proceedings: changing the professional recommendations. In writing this I’ve realised I have a lot to say on this topic so I’ve broken it down into 4 parts. To start us off, I’ll set the scene. In one of my casesContinue reading “About face: changing your position during Court of Protection proceedings – part 1”
A reminder of why DoLS matters
In this post I’m going to talk about one of my recent cases which I think highlights why the whole DoLS process is important. I think it’s very easy when systems are overworked, and when it is acknowledged that the current process is far from ideal, to start to see DoLS as an inconvenience andContinue reading “A reminder of why DoLS matters”
Needles in haystacks: reviewing social care records
Today I want to talk about one of the more time-consuming aspects of my job: reviewing social care records. Or, more accurately, reviewing social care, care provider and healthcare records. You may or may not be aware, but it is standard practise in Court of Protection proceedings that the court will make disclosure orders requiringContinue reading “Needles in haystacks: reviewing social care records”
The great care plan conundrum
Most people in this field will have heard of a care plan, support plan or care and support plan. They are a key document in the whole system that serve a number of different purposes. Yet there is one big problem, the elephant in the room that not many people outwardly acknowledge: most care plansContinue reading “The great care plan conundrum”
An urgent move during Court of Protection proceedings: a how (not) to guide
It is inevitable that sometimes in Court of Protection proceedings, there will be times when a move needs to take place urgently. There are any number of reasons why this might happen: arrangements in the community breakdown, safeguarding issues happen, risks increase and sometimes, a really good placement comes up which will be lost toContinue reading “An urgent move during Court of Protection proceedings: a how (not) to guide”
Why the courts are still talking about coronavirus vaccination
I want to talk about the case of North Yorkshire CCG v E and others, which was heard only recently and explored whether or not it was in E’s best interests to be vaccinated against coronavirus. At first glance, it seems that this is a settled issue. Certainly, there is now a consistent stream ofContinue reading “Why the courts are still talking about coronavirus vaccination”
Capacity, care and alcohol consumption
I’ve come across a few cases recently where a key issue has been P’s alcohol consumption and their behaviour when drunk. It’s a tricky area that we have had some difficulty navigating, so it seemed like a worthwhile topic to write about. The first example concerns A, a middle-aged man with an acquired brain injuryContinue reading “Capacity, care and alcohol consumption”
How the court decides best interests: what that looks like in practice
This is a follow up to my series of posts about best interests decision-making in the Court of Protection. In those posts I broke down the process in stages, to demonstrate the issues the court explores. But this blog is ultimately about law in practice so I wanted to provide you with a bit moreContinue reading “How the court decides best interests: what that looks like in practice”
How the court decides on best interests: is that really that important though?
This is the third post in my series about how the Court of Protection makes best interests decisions. In practice, it’s a messy process, but I have broken it down into stages to make it easier to understand. Or that’s my intention anyway. If I’m only confusing you further, I do apologise! So we startedContinue reading “How the court decides on best interests: is that really that important though?”