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”
Tag Archives: Mental Capacity Act
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”
Miracle on the High Street
If you are a regular reader of this blog, you will know that as a child I was heavily influenced by the classic Christmas film Miracle on 34th Street. After spending a lot of time in my studies thinking I wanted to work for the Crown Prosecution Service, I accidentally found myself in an areaContinue reading “Miracle on the High Street”
A reminder of why DoLS matters
In this post I’m going to talk about one of my recent cases which I think highlights why the whole DoLS process is important. I think it’s very easy when systems are overworked, and when it is acknowledged that the current process is far from ideal, to start to see DoLS as an inconvenience andContinue reading “A reminder of why DoLS matters”
Needles in haystacks: reviewing social care records
Today I want to talk about one of the more time-consuming aspects of my job: reviewing social care records. Or, more accurately, reviewing social care, care provider and healthcare records. You may or may not be aware, but it is standard practise in Court of Protection proceedings that the court will make disclosure orders requiringContinue reading “Needles in haystacks: reviewing social care records”
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”
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”
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”