The inherent jurisdiction of the High Court: the regular red herring

I covered the basics of what the inherent jurisdiction is about in my previous post here. What this post will discuss is the reasons why it doesn’t provide a solution in the vast majority of cases. The first issue that presents is obtaining sufficient evidence to make a case to begin with. The type ofContinue reading “The inherent jurisdiction of the High Court: the regular red herring”

Mental Capacity Act and covid-19 vaccination: the court’s approach so far

There have, to my knowledge, been 2 reported cases on this issue so far: E (Vaccine) [2021] EWCOP 7 and SD v Royal Borough of Kensington and Chelsea [2021] EWCOP 14 Initially, I wasn’t planning on talking about this subject. Primarily because for those of us in local authority this is not really high onContinue reading “Mental Capacity Act and covid-19 vaccination: the court’s approach so far”

Court process: displacement of nearest relative – part 3 obtaining the order and what happens after that

This post discusses the process after an application has been made to displace and/or appoint a nearest relative in the county court. Details on how to get to that point and in my previous posts. So, the legal representative will send the part 8 claim form, a draft order and the evidence provided by theContinue reading “Court process: displacement of nearest relative – part 3 obtaining the order and what happens after that”

Court process: displacement of nearest relative – part 2 making the application

This is the second post in this series. If you haven’t seen it, it’s available here. So what happens after the AMHP has spoken to the legal team and its been agreed that a displacement, or appointment, of a nearest relative is needed? Well, let me tell you. In my authority, as I’m sure inContinue reading “Court process: displacement of nearest relative – part 2 making the application”

Court process: displacement of nearest relative – part 1 identifying the need for displacement/appointment

I am sure that any of you who are AMHP trained are familiar with the provisions of S29 Mental Health Act 1983 that enable the county court to displace a nearest relative and appoint someone to act as nearest relative in their place. But unless you have done this before, or have received some practicalContinue reading “Court process: displacement of nearest relative – part 1 identifying the need for displacement/appointment”

Spot the difference: The need for precision in capacity assessments

I wrote previously about the importance of evidence and not making assumptions here. It’s something I have been thinking about again, in the context of some work I was involved with over the last few weeks. Because I was involved with 2 cases with very different facts, but raising a central issue around assessing capacityContinue reading “Spot the difference: The need for precision in capacity assessments”

Let’s talk about court process – bonus: remote hearings

It occurred to me, helping one of my social workers prepare for a video hearing today, how little information about what actually happens in a remote hearing is available to anyone not ‘in the know’ with the court. So I thought I would add my thoughts, in the hope it might help some of you.Continue reading “Let’s talk about court process – bonus: remote hearings”

Sometimes the pieces don’t fit together

I started off with high hopes for today. I set myself a manageable list of tasks and intended to finish early and recalibrate myself after a fairly jarring return to the office. How foolish was I? And instead I am left feeling utterly deflated and quite demoralised, having spent most of my day trying toContinue reading “Sometimes the pieces don’t fit together”

Let’s talk about court processes: part 4 – concluding proceedings

The, rather delayed, final post in my series on Court of Protection processes looking at the conclusion of proceedings.

Let’s talk about court process: part 3 – hearings

In case you missed them, parts 1 and 2 of my posts about court process follow the same case study and you might want to go back to follow the story through. But now we get to the juicy bit that most people want to know about: court hearings. Don’t get too excited though, orContinue reading “Let’s talk about court process: part 3 – hearings”