This is the third post in a series about changing your mind during Court of Protection proceedings. If you’ve not read parts 1 and 2, feel free to do so. But I’ll briefly recap the scenario too. Essentially, my client was in a care home, suffering from dementia and objecting to her residence there. HerContinue reading “About face: changing your position during Court of Protection proceedings part 3”
Tag Archives: Best interests
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”
Micro-management or proper scrutiny: finding the balance
It’s often said in court of protection proceedings that the court ought not to micromanage a care package. That is certainly true but the court does need to properly scrutinise a care package to ensure that it is in P’s best interests. There is a balance to be struck and today I’m going to talkContinue reading “Micro-management or proper scrutiny: finding the balance”
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”
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 best interests: when it comes down to it
I have broken down the stages of the process of reaching a best interests determination through the Court of Protection in a series of posts on this topic. If you’ve come across this post without reading the previous three posts, then you might want to start at the beginning and work your way through I’llContinue reading “How the court decides best interests: when it comes down to it”
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?”
How the court decides on best interests: part 2 What about this?
In part 1 of this series we looked at how to identify the available options, by talking about P and his future residence and care. The court is satisfied that there are currently 3 available options, Blue Care Home, Yellow Cottage supported living and Q’s house (his sister) with care from Pink Care Agency. SoContinue reading “How the court decides on best interests: part 2 What about this?”