You may or may not have read some of the reports about the Leicestershire case in which the court confirmed it does have jurisdiction to make anticipatory declarations. Such declarations are generally sought in situations where P has capacity at the relevant time, but a loss of capacity is expected and there is a needContinue reading “Anticipatory declarations: a pragmatic view”
Tag Archives: care and support plans
Making the public body’s point for them: what not to do as a family member in the Court of Protection – part 2
In my last post, I gave an example of S and T. S is the subject of Court of Protection proceedings and T, her mother, does not agree with the decisions being made by professionals and wants S to move to a different placement. In that scenario, T’s behaviour gave the judge little option butContinue reading “Making the public body’s point for them: what not to do as a family member in the Court of Protection – part 2”
Making the public body’s point for them: what not to do as a family member in the Court of Protection – part 1
Despite the great work being done to improve transparency within the court of protection it is still largely misunderstood. Where this lack of understanding comes to the forefront, in my line of work anyway, is when P’s family members are parties to proceedings. For a variety of reasons, mainly due to the poor state ofContinue reading “Making the public body’s point for them: what not to do as a family member in the Court of Protection – part 1”
Discussing care plans within court proceedings: part 2 – the nitty gritty
This is the follow up post to my last one on the topic of care planning discussions whilst Court of Protection proceedings are ongoing. You can read that post here. We’re not talking about Z today, but about U. U is in her 40s and has been diagnosed with a number of complex mental healthContinue reading “Discussing care plans within court proceedings: part 2 – the nitty gritty”
Discussing care plans within court proceedings: part 1 – the broad brush
I am surprised by how often with my job I find myself in a situation where everyone round the table has a different idea of what the court’s role is when discussing care planning. I am talking predominantly about cases where there is some kind of dispute about a care plan, for example, where thereContinue reading “Discussing care plans within court proceedings: part 1 – the broad brush”
Refusal of care: when it’s not so simple
Today I want to talk about an issue that I have come across regularly in practice: individuals who are refusing care. The reason I am talking about this is that I have seen this concept misused by public authorities when this is convenient for them. I have a case at the moment where this isContinue reading “Refusal of care: when it’s not so simple”
The lure of the easy road
Today I’m going to talk about a case that posed some interesting conundrums for me. It was one of those cases that I couldn’t decide whether it was an interesting puzzle or just a massive pain. So it’s story time people! My client was one of those people that are regularly described as ‘difficult’ andContinue reading “The lure of the easy road”
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”
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”