Archive for the 'Court of Protection' Category

Sterilisation legal bid withdrawn – BBC News

“A legal attempt to sterilise a 21-year-old mother with ‘significant learning difficulties’ to prevent further pregnancies has been withdrawn.”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

Secrecy fears after court bans contact with 65 people – Daily Telegraph

“Fresh fears have been raised about secrecy in court cases after a judge banned journalists approaching 65 different people in a new gagging order.”

Full story

Daily Telegraph, 19th April 2011

Source: www.telegraph.co.uk

How a secret court was made to open up – The Independent

“The Act of Parliament that created the Court of Protection was pushed through in a hurry, amid an outcry from dozens of MPs, as the government tried to get its outstanding business completed in time for the 2005 general election.”

Full story

The Independent, 1st March 2011

Source: www.independent.co.uk

Court allows journalists into care hearing – The Guardian

“The Guardian and other news organisations have won a court ruling that could open up the care system for people with learning difficulties to public scrutiny.”

Full story

The Guardian, 28th February 2011

Source: www.guardian.co.uk

It is vital these difficult cases are heard in public – The Guardian

“Should a young woman be sterilised? Should a sex ban be imposed on a man in his 40s? Hearings involving vulnerable people need close monitoring.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

Mother’s legal plea to sterilise her daughter remains unresolved – The Guardian

“The mother of a young woman with learning difficulties who is pregnant with her second child broke down in tears as she pleaded with a high court judge to allow her daughter to be forcibly sterilised for her own protection.”

Full story

The Guardian, 15th February 2011

Source: www.guardian.co.uk

Related: Test case over sterilisation puts court of protection under public scrutiny

Sterilisation ruling: what is the Court of Protection? – Daily Telegraph

“Here is a potted guide to the Court of Protection, which is expected to rule today on whether a woman with a learning disability should be sterilised to prevent her from becoming pregnant again.”

Full story

Daily Telegraph, 15th February 2011

Source: www.telegraph.co.uk

Court to rule on sterilisation of pregnant woman – The Independent

“A controversial court that still holds its hearing in private will decide tomorrow whether a pregnant woman with learning difficulties should be forcibly sterilised once she gives birth.”

Full story

The Independent, 14th February 2011

Source: www.independent.co.uk

Court bans man with low IQ from having sex – Daily Telegraph

“A man with a low IQ has been banned from having sex by a High Court judge who admitted the case raised questions about ‘civil liberties and personal autonomy’.”

Full story

Daily Telegraph, 4th February 2011

Source: www.telegraph.co.uk

Secretive court opens doors to journalists – The Independent

“One of Britain’s most secretive courts opened itself to public scrutiny yesterday after a High Court judge lifted reporting restrictions on work done by a hitherto-closed corner of the British justice system.  The Court of Protection oversees cases involving vulnerable people who lack the mental capacity to make key decisions about their life, such as brain-damaged soldiers or people with Alzheimer’s. But its workings were conducted entirely behind closed doors until a successful legal challenge by The Independent earlier this year.”

Full story

The Independent, 9th December 2010

Source: www.independent.co.uk

Secretive court opens doors to journalists – The Independent

“One of Britain’s most secretive courts opened itself to public scrutiny yesterday after a High Court judge lifted reporting restrictions on work done by a hitherto-closed corner of the British justice system.”

Full story

The Independent, 9th December 2010

Source: www.independent.co.uk

Judge criticises council for trying to force contraception on woman – Daily Telegraph

“A judge has criticised a council for trying to have contraception forced upon a woman with a low IQ, warning that the move had ‘shades of social engineering’.”

Full story

Daily Telegraph, 18th August 2010

Source: www.telegraph.co.uk

Court of Protection Rules Committee publishes review – Judiciary of England and Wales

“The President of the Court of Protection, Sir Nicholas Wall, today [29th July] published the Court of Protection Rules Committee’s Review.”

Full news release

Judiciary of England and Wales, 29th July 2010

Source: www.judiciary.gov.uk

‘Court of Protection cost me £50,000’ – BBC News

“Neil Barker has no memories of the 35 days following a horrific motor bike crash which left him with brain injuries and needing his eye socket rebuilt.”

Full story

BBC News, 27th July 2010

Source: www.bbc.co.uk

Judge admits Court of Protection has ‘more than fair share of setbacks’ – Daily Telegraph

“Denzil Lush, Senior Judge said the Government had failed to anticipate the volume of work that would ‘inundate’ the tribunal that rules on the financial affairs and medical treatment of the elderly and mentally ill, or the ‘burden’  it would place on staff.”

Full story

Daily Telegraph, 11th June 2010

Source: www.telegraph.co.uk

Court of Protection publishes first report – Judiciary of England and Wales

“The Court of Protection today published its first report. It was set up in October 2007 and the report covers the 27 months to the end of 2009.”

Full news release

Report (PDF)

Judiciary of England and Wales, 10th June 2010

Source: www.judiciary.co.uk

Judges keen to make wills in favour of ‘Johnny-come-lately’ relatives – Daily Telegraph

“Judges are too quick to make wills for mentally ill or elderly people in favour of ‘Johnny-come-lately’ relatives, according to a legal expert.”

Full story

Daily Telegraph, 10th June 2010

Source: www.telegraph.co.uk

Independent News & Media Ltd and others v A – WLR Daily

Independent News & Media Ltd and others v A [2010] EWCA Civ 343; [2010] WLR (D) 94

“Hearings held in the Court of Protection would normally be held in private but in certain circumstances the media could be authorised to attend and report proceedings.”

WLR Daily, 12th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Independent wins a ‘hugely important’ victory for the vulnerable – The Independent

“A controversial court which hears all of its cases in secret will open its doors to the media from today, following a successful legal challenge by The Independent which was immediately hailed as a ‘hugely important’ victory for transparency.”

Full story

The Independent, 1st April 2010

Source: www.independent.co.uk

Pitt and another v Holt and another – WLR Daily

Pitt and another v Holt and another [2010] WLR (D) 2

“A receiver appointed under the Mental Health Act 1983 by the Court of Protection was entitled to rely on the principle that, where a trustee exercised a discretion pursuant to the terms of the trust and the effect of the exercise was different from that intended, the court would set aside his action if it was clear that he would not have acted as he had, had he not failed to take into account considerations which he ought to have taken into account, or taken into account considerations which he ought not to have taken into account (‘the Hastings-Bass principle’).”

WLR daily, 19th January 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

Committee set up to review the Court of Protection Rules 2007 – Judiciary of England and Wales

“Committee set up to review the Court of Protection Rules 2007.”

Full press release

Judiciary of England and Wales, 4th December 2009

Source: www.judiciary.gov.uk

Victory for The Independent as secret court opens its doors – The Independent

“A secretive court which handles some of the most difficult and sensitive cases in England and Wales is to open to the media for the first time, after a successful legal challenge by The Independent.”

Full story

The Independent, 13th November 2009

Source: www.independent.co.uk

Jack Straw: Office of the Public Guardian and the Court of Protection – Ministry of Justice

“The Justice Secretary Jack Straw has responded to recent media coverage regarding the Office of the Public Guardian and the Court of Protection.”

Full press release

Ministry of Justice, 4th November 2009

Source: www.justice.gov.uk

Court of protection receives more than 2,000 complaints a year – Daily Telegraph

“A court set up to look after the financial interests of people suffering from mental incapacity through illness, accident or dementia has sparked more than 2,000 complaints a year since it was set up.”

Full story

Daily Telegraph, 25th October 2009

Source: www.telegraph.co.uk

‘Independent’ makes legal challenge to closed court cases – The Independent

“Closed court hearings involving some of the most difficult and sensitive cases in England and Wales could soon be opened to the public following a legal challenge brought by The Independent.”

Full story

The Independent, 6th October 2009

Source: www.independent.co.uk

In re P [2009] – WLR Daily

In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41

“When making decisions about the property and welfare of persons lacking capacity, the overarching principle pursuant to the Mental Capacity Act 2005 was that any decision made on behalf of that person must be made in his best interests. The guidance given under the Mental Health Acts 1959 and 1983 about the making of settlements or wills could no longer be directly applied to a decision made under the 2005 Act.”

WLR Daily, 10th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Public guardian starts work on protecting vulnerable people – Ministry of Justice

“A new organisation looking after the interests of some of the most vulnerable people in society starts work on Monday 1 October. The Office of the Public Guardian (OPG), introduced under the Mental Capacity Act 2005, will provide legal protection for thousands of people lacking the mental capacity to make decisions themselves.”

Press release

Ministry of Justice, 28th September 2007

Source: www.justice.gov.uk

Government response on fees for court of protection and public guardian published – Government News Network

“Government response to the public’s views on proposed fees for the new Court of Protection and the Office of the Public Guardian was published today.”

Full story

Department for Constitutional Affairs press release, 30th April 2007

Source: www.gnn.gov.uk


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