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?”

How the court decides best interests: part 1 What are my options?

I wanted to offer some practical insights on how the Court of Protection makes decisions about what is in a person’s (always referred to as P) best interests. Because it sounds simple, but it isn’t. And I’ve spoken to so many professionals and family members who are so clear that they are advocating for P’sContinue reading “How the court decides best interests: part 1 What are my options?”

Tips for statement writing: What lawyers really think when they read a statement

I am going to talk today about witness statements, but a lot of these principles will apply to any formal report that is used to evidence reasoning such as assessments for Deprivation of Liberty Safeguards, social circumstances reports etc. This is largely aimed at social care professionals, because family members and other ‘lay people’ willContinue reading “Tips for statement writing: What lawyers really think when they read a statement”

Life gets in the way

This is just a quick post to apologise for the lack of activity on here this month. I have a number of different posts half written, but have been struggling to focus and decide what to write about first. My case load is increasing at work, and I’m in the midst of Christmas preparations. AsContinue reading “Life gets in the way”

Much ado about financial deputies

I rarely delve into financial aspects of the MCA, partly because it comes up very rarely in my role, and partly because cases of interest are so infrequent. But I read this on a few weeks ago, and it’s been playing on my mind. The case of Sunil Kambli v Public Guardian and others [2021]Continue reading “Much ado about financial deputies”