I have been reading some of the posts by the wonderful Court Protection transparency project recently, and noticed that there was a number of them exploring the issue of contempt of court within Court of Protection proceedings. One of them in particular, commented on what appeared to be a significant difference between the consequences forContinue reading “Disparity of consequences: What happens if you don’t comply with a Court of Protection order? Part 1”
Tag Archives: court hearings
Anticipatory declarations: a pragmatic view
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”
Will the hearing be vacated? Too many variables to factor in
I’m regularly asked if hearings are going to go ahead many weeks before that hearing is listed. And I’m often surprised that people don’t understand why it is too soon to give any answer that isn’t “yes”. So I’m going to explore that a bit. For anyone that is regularly involved in Court of ProtectionContinue reading “Will the hearing be vacated? Too many variables to factor in”
I don’t think you really thought this through. Proceedings so ill-conceived it’s painful
I am prone to overthinking, so I tend to spend a lot of time thinking about what other parties to any particular case might be thinking and planning, identifying what advice I might give them, and strategizing accordingly. But this case really has me stumped. So today’s post is based on a current case ofContinue reading “I don’t think you really thought this through. Proceedings so ill-conceived it’s painful”
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”
About face: changing your position during Court of Protection proceedings part 3
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”
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”
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”
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”