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28 Oct, 6 tweets, 3 min read
Hearing before Hayden J just starting. As public observers we have to be flexible - judges are hearing multiple cases and timing is a challenge. #NotSecretCourt
Another challenging case of a pregnant woman with schizophrenia and doctors requesting c-section, although she said some weeks ago, when she had capacity, that she'd prefer a vaginal delivery. #NotSecretCourt
We've published several blogs about similar cases. In this case the pregnant woman was found to have capacity to make her own decisions: openjusticecourtofprotection.org/2021/09/21/ref…
Barrister Victoria Butler Cole commented on an earlier judgment concerning court-authorised caesarean for a woman with agoraphobia @TorButlerCole

openjusticecourtofprotection.org/2021/05/27/re-…
And some commentary here from @RebeccaBrione
openjusticecourtofprotection.org/2021/05/26/cho…
One issue in this case is whether P may have capacity (or be 'on the cusp of capacity') to make her own decision. There'd been an application to vacate today's hearing +re-list for next week as the treating consultant psychiatrist is unfortunately not available due to ill-health.

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Celia Kitzinger Profile picture
28 Oct
Hayden J is proposing hearing the case now - both counsel want to adjourn. "For a multitude of reasons" says Debra Powell QC (for the OS). She'll present reasons why capacity decision shouldn't be made now after lunch break. Restarting 1.40pm.
Referring to 1(3) MCA 2005, Hayden comments "it's possible to overcook- Is all this NECESSARY to decide capacity?"

Counsel responds sharply "In my respectful submission My Lord, oral evidence from a consultant psychiatrist who has recently assessed her capacity is NECESSARY"
P was quoted by P as saying that she wants a vaginal delivery - and if she has to have a caesarean she wants it with a epidural and her partner present. Her least favoured birth option is a caesarean under general anaesthetic (which is what I think the Trust has applied for)
Read 9 tweets
Celia Kitzinger Profile picture
4 Oct
A thread about today's hearing on life-sustaining treatment before Mr. Justice Cobb in the Court of Protection. #NotSecretCourt

A man in his 50s, NK, is in the Intensive Care Unit. He went into hospital on 29th June 2021 with pneumonia.
He got worse and on 5th July had a cardiac arrest.

He received cardio-pulmonary resuscitation for at least 12 mins.

Brain injury after CPR is very common. thelancet.com/journals/lance…
After CPR, he was sedated, intubated, ventilated + moved to ICU.

Scans show a very significant hypoxic ischaemic brain injury.

The unanimous view of the treating team is that he's now in a Permanent Vegetative State.
Read 10 tweets
Celia Kitzinger Profile picture
9 Sep
A thread about the trouble with transparency orders in the #NotSecretCourt.

I've observed 223 remote hearings in the Court of Protection.

I've just looked through my files.

I have had 98 transparency orders (TOs) served on me.

So for most hearings, I never get a TO.
I think this is mostly because it's nobody's job to send me a TO.

The "Video Hearings Administrator" never sends them. When I've asked, the answer is "ask the court".

I've rarely been sent a TO by the judge's clerk.

When they come, it tends to be barristers who send them.
These are barristers in court, in a hearing, trying to represent their client.

Knowing that I need a TO, I email them + ask. Sometimes they send them. Often they don't.

I would ask instructing solicitors, but usually can't tell who they are from the list of names on MS Teams.
Read 17 tweets
Celia Kitzinger Profile picture
29 Jul
I'm watching the Court of Appeal consider whether a care plan to facilitate C's contact with a sex worker could be implemented without commission of an offence under the Sexual Offences Act 2003. It's an appeal against Hayden's judgment in the COP.
Sir James Eadie QC is counsel for the Secretary of State of Justice, the Appellant in this case. He's presenting the case against Hayden J's decision that s.53A Sexual Offences Act has "little, if any relevance" to C's proposed contact with a sex worker.
blackstonechambers.com/barristers/jam…
Here's what s.53A of the Sexual Offences Act says:
Read 40 tweets
Celia Kitzinger Profile picture
20 May
The judgment has just been published

bailii.org/ew/cases/EWCOP…

openjusticecourtofprotection.org/2021/05/17/ago… via @OpenJusticeCoP
Mother "suffers from a severe form of agoraphobia which is a classified mental illness + an impairment of or disturbance in the functioning of her mind or brain within the meaning of s.2(1) MCA" (para 7 judgment)
Her agoraphobia "is so overwhelming that it exerts a significant effect on her ability to weigh matters in the balance if the activity in point entails her leaving home". Also short-term memory problems, says expert witness, psychiatrist Tyrone Glover.
Read 30 tweets
Celia Kitzinger Profile picture
6 May
This morning I observed this hearing before Judge Rebecca Brown in the Court of Protection concerning whether it was in the best interests of a man in his 30s ("AD") to be vaccinated against Covid-19. #NotSecretCourt
The case was brought by CCG who believe C-19 vaccination to be in AD's best interests.

AD was represented by OS who was of the same view.

His mother opposes vaccination.

AD has Down's syndrome, learning disability + autism. He's "resistant to all healthcare interventions".
Multi-disciplinary team of professionals has drawn up a plan. He'll be vaccinated at home.Encouraged to wear short sleeved top that morning + covertly sedated via his morning drink. While "distracted by his favourite activities", nurse will enter + jab him without any engagement.
Read 24 tweets

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