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”

Networking as an introvert

As I mentioned, I have recently changed roles (again). I’m still in private practice doing largely legal aid work so I wasn’t expecting much of the job to change, just the people and the work environment. My current firm is much more vocal about employees’ skills and successes, though. I’m also one of the firstContinue reading “Networking as an introvert”

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”

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”

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”

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”

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”