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”

Keep calm and carry on: when a solicitor wants to attend a meeting

It has become increasingly apparent to me since I moved out of local authority that my presence is considered somehow intimidating. Quite why professionals find little, smiley 5’1″ me so scary is not entirely clear (especially as I am fully power-dressed right now in a Lion King hoodie and jeans), but it has riled meContinue reading “Keep calm and carry on: when a solicitor wants to attend a meeting”

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”

Capacity, care and alcohol consumption

I’ve come across a few cases recently where a key issue has been P’s alcohol consumption and their behaviour when drunk. It’s a tricky area that we have had some difficulty navigating, so it seemed like a worthwhile topic to write about. The first example concerns A, a middle-aged man with an acquired brain injuryContinue reading “Capacity, care and alcohol consumption”

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?”

Human Rights Act reforms consultation

I have been putting off writing about this, and indeed putting off even reading the consultation because I knew it was going to make me angry. But I read it last week, as the window for response was closing and has now closed. And guess what? It made me angry My irritation started early inContinue reading “Human Rights Act reforms consultation”

Round table meetings: what to expect

Today I am going to talk about round table meetings during Court of Protection proceedings. Or RTMs as they are commonly referred to. They are a very valuable part of the process, but when invitations go out, I do get people calling me up to ask about what the meeting is for, and what they’llContinue reading “Round table meetings: what to expect”