Daniel Clark
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clarkdaniel.bsky.social
Daniel Clark
@clarkdaniel.bsky.social
170 followers 430 following 52 posts
Phd-ing in political theory (oppression, old age, and the thought of Iris Marion Young)
Core team member, Open Justice Court of Protection Project @openjusticecop.bsky.social
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clarkdaniel.bsky.social
Daniel Clark @clarkdaniel.bsky.social · Aug 16
My PhD has changed a little bit since this was published (for example, I don't have the same focus on capitalism as I initially did).

However, this is still a good statement of my motivations and intentions

www.sheffield.ac.uk/politics/phd...
Daniel Clark - They were the future once: oppression in the lives of older people
www.sheffield.ac.uk
Reposted by Daniel Clark
openjusticecop.bsky.social
New blog post
By Eleanor Tallon

What does an experienced social worker and best interests assessor make of the Supreme Court hearing revisiting Cheshire West?

openjusticecourtofprotection.org/2025/10/29/l...
“Liberty” in the Supreme Court
“What about somebody who is so demented they’re effectively catatonic. Just spend the day in front of a television set. Is that person- In what sense does that person have any liberty which she can…
openjusticecourtofprotection.org
October 30, 2025 at 8:21 AM
Reposted by Daniel Clark
jennykitzinger.bsky.social
Welfare deputies should always be consulted & will be the decision-maker for some decisions.
I’ve been a deputy for 15yrs & it’s crucial for supporting my brain-injured sister.
But disturbing case reveals how deputies were excluded openjusticecourtofprotection.org/2025/05/16/d...
DJ Clarke calls time on public body delay: Internet restrictions, consultation with deputies, and a rejection of judicial “micromanaging”
By Daniel Clark, 16th May 2025 This case concerns XY: an autistic man in his twenties who lived an active and sociable life until a decline in his mental health. As described in an earlier blog pos…
openjusticecourtofprotection.org
May 22, 2025 at 8:42 AM
Reposted by Daniel Clark
jtownend.bsky.social
Please share!

Public lecture - Mr Justice Nicklin - Open Justice: Fit for Purpose - Wednesday 4 June 2025 17:00 to 19:00
Location: Green Templeton College, University of Oxford
Speaker: The Honourable Mr Justice Nicklin

Register here: www.gtc.ox.ac.uk/news-and-eve...
Open Justice: Fit for Purpose - Green Templeton College
Details Date: June 4 Time: 05:00 pm - 07:00 pm Event Category: Lectures and Seminars
www.gtc.ox.ac.uk
May 2, 2025 at 2:40 PM
Reposted by Daniel Clark
drdavidnicholl.bsky.social
Interesting piece for any doctor involved in Court of Protection hearings
April 26, 2025 at 8:30 AM
clarkdaniel.bsky.social
My new blog for @openjusticecop.bsky.social on the recent Supreme Court judgment that considers when and how freedom of expression can justifiably be limited.

I think it has implications beyond life-sustaining treatment cases. What do you think?

openjusticecourtofprotection.org/2025/04/25/r...
Reflections on the Supreme Court’s judgment in Abbasi on the duration of reporting restrictions
by Daniel Clark, 25th April 2025 On Wednesday 16th April 2025, the UK Supreme Court handed down judgment in two cases. One of them, For Women Scotland Ltd v The Scottish Ministers, has received a h…
openjusticecourtofprotection.org
April 26, 2025 at 7:38 AM
clarkdaniel.bsky.social
This is such great news! And this blog has some valuable learning points for professionals of almost every variety
April 11, 2025 at 1:56 PM
Reposted by Daniel Clark
openjusticecop.bsky.social
Draconian reporting restrictions in a contempt of court case: Severing continuity between judgments

By @doccmartin.bsky.social and @amandaaphill.bsky.social

openjusticecourtofprotection.org/2025/04/07/d...
Draconian reporting restrictions in a contempt of court case: Severing continuity between judgments
By Amanda Hill and Claire Martin (with acknowlegment of significant input and support from Celia Kitzinger) A few months ago, we observed a committal hearing at the Royal Courts of Justice at which…
openjusticecourtofprotection.org
April 7, 2025 at 6:52 PM
clarkdaniel.bsky.social
The judge in this hearing was full of praise for P's social worker, and I thought it was worth highlighting.

In the event I need a social worker fighting my corner, I hope it's someone like this
April 4, 2025 at 8:56 AM
clarkdaniel.bsky.social
This is very worrying:

"Is the Court of Protection still sending family members to prison in secret? I don’t know for sure. But I suspect the answer is ‘yes’."
March 10, 2025 at 5:02 PM
Reposted by Daniel Clark
juliedoughty.bsky.social
a compelling example of the dehumanising of someone who needs a health service, and his family, while the judge 'referees' the funding arguments
March 5, 2025 at 8:09 AM
clarkdaniel.bsky.social
@thesmallplaces.bsky.social points out that the public bodies making best interests decision, rather than XY's mum (who's also his Health and Welfare) deputy), "seems like an example of bureaucratic overreach".

Have a read - it's some really interesting commentary
March 3, 2025 at 7:04 AM
Reposted by Daniel Clark
zenabolwig.bsky.social
A very clear, comprehensive and thoughtful blog, thanks @clarkdaniel.bsky.social

I found @doccmartin.bsky.social's commentary on complaints very interesting.
February 27, 2025 at 10:23 AM
Reposted by Daniel Clark
openjusticecop.bsky.social
Calling lawyers/academics: We'd love a blog addressing civil vs criminal standards of proof. This comes up a lot in discussions with families in COP hearings. Not much has been written about it. Please contact me if you're interested. (I found this: scholarship.law.cornell.edu/facpub/222/)
A Comparative View of Standards of Proof
In common-law systems, the standard of proof for ordinary civil cases requires the party who bears the burden of proof to establish by a preponderance of the evidence that the facts alleged are true. ...
scholarship.law.cornell.edu
February 27, 2025 at 9:25 AM
clarkdaniel.bsky.social
A lack of accountability for implementing best interests decisions. Family members being excluded. Failures to comply with court orders.

The inability of these public bodies to work together to help a young man is shocking

openjusticecourtofprotection.org/2025/02/27/a...
A young man failed by NHS South West London ICB and the London Borough of Wandsworth
Working in the health service, I often hear families’ concerns or reasonable complaints framed as them being ‘anxious’ about their loved one’s care. I think it can be a manoeuvre to delegitimise th…
openjusticecourtofprotection.org
February 27, 2025 at 8:39 AM
Reposted by Daniel Clark
openjusticecop.bsky.social
New blog post by @amandaaphill.bsky.social

openjusticecourtofprotection.org/2025/02/23/p...
P has capacity to decide to leave hospital – but there’s nowhere for him to go: Untangling capacity, “being on a DOLS”, and the care plan
By Amanda Hill, 24th February 2025 P, the protected party in this case, is a young man in his twenties, with an acquired brain injury and a spinal injury that has caused paraplegia. He’s …
openjusticecourtofprotection.org
February 24, 2025 at 3:26 PM
clarkdaniel.bsky.social
Last October I was in London to investigate how accessible (or not) two court buildings are.

First Avenue House fared much better than the Royal Courts of Justice but both were plagued by small text on signs. Even a notice that said you could ask for documents in large print were in small print!
February 18, 2025 at 7:00 AM
Reposted by Daniel Clark
giffordhead.co.uk
An interesting post. I’m not really sure what the solution is to the problems with the Royal Courts of Justice. Ever since the building opened, people have been making (well-founded) jokes about it being a maze. It was even mentioned in the LCJ’s opening speech. Or this example from later in 1883.
Screenshot reading: It was reported that the Petitioner and Respondent in a Divorce Suit, after wandering about for some time, met accidentally in a corridor, and, inquiring of each other the way to the Court they were seeking, mutual recognition followed, and they became happily reconciled.
February 17, 2025 at 10:32 AM
Reposted by Daniel Clark
kitzingercelia.bsky.social
New blog post from the Open Justice Court of Protection Project. Hayden J approves experimental treatment requested by woman with anorexia.

openjusticecourtofprotection.org/2025/02/03/j...
Judge approves use of esketamine in anorexia case: Re CC
By Elissa Novak, 3rd February 2025 Despite her own best efforts, and the support of her family and those involved in her care, a 21-year-old autistic woman diagnosed with depression and anorex…
openjusticecourtofprotection.org
February 5, 2025 at 3:44 AM
clarkdaniel.bsky.social
The failure of parliament to take action on DoLS means that "the backlog [in processing applications] will grow and grow, and more and more people will be deprived of their liberty without adequate safeguards"

openjusticecourtofprotection.org/2025/01/31/d...
Dispute about capacity and best interests in a s.21A application
By Daniel Clark, 31st January 2025 Mr H has lived in A Care Home since 2022. He is challenging his deprivation of liberty, pursuant to s21a of the Mental Capacity Act 2005[i], but the responde…
openjusticecourtofprotection.org
February 4, 2025 at 2:44 PM
clarkdaniel.bsky.social
I'm a little late to reading this but it was worth the wait. It's an excellent book that rigorously pursues the evidence of Heidegger's commitment to Nazism. There's also engagement with Hannah Arendt's analysis of Heidegger without the unnecessary references to their relationship that others make
The title page of Richard Wolin's 'Heidegger in Ruins: Between Philosophy and Ideology"
January 17, 2025 at 3:51 PM
clarkdaniel.bsky.social
*Calling legal people*

Why does the Court of Appeal sit as a panel? I can't seem to find an answer that would be unique to a *panel* as opposed a single judge
January 17, 2025 at 8:27 AM
Reposted by Daniel Clark
amandaaphill.bsky.social
New blog post from @kitzingercelia.bsky.social
@openjusticecop.bsky.social

openjusticecourtofprotection.org/2025/01/07/u...
Urgent Serious Medical Treatment on Christmas Eve
By Celia Kitzinger, 7th January 2025 (This blog was written in December 2024 and set up for automated release in January in advance of the next listed hearing in this case on 10th January 2025. Not…
openjusticecourtofprotection.org
January 7, 2025 at 4:40 PM
Reposted by Daniel Clark
thesmallplaces.bsky.social
Wowzers, look at this graph of CQC ratings for for-profit, local authority and third sector care providers - says it all really...
January 7, 2025 at 12:06 PM
clarkdaniel.bsky.social
As Celia says here, it's now very rare to see a journalist in Court of Protection hearings. When they are there, they often don't address the court or report on proceedings.

That leaves it up to the public to 'fly the flag' of transparency: something that "can feel like a disproportionate burden"
January 7, 2025 at 1:59 PM
clarkdaniel.bsky.social
"How many people would consider that having their every interaction supervised amounts to what they mean by having Christmas with their family? I certainly wouldn’t."

openjusticecourtofprotection.org/2024/12/23/l...
“Let us be alone as a family again”: An application for unsupervised contact at Christmas
By Daniel Clark & Kim Dodd, 23rd December 2024 Like many other people, the protected party, CA, goes to church on Christmas morning and then enjoys spending the rest of the day with her family.…
openjusticecourtofprotection.org
December 24, 2024 at 7:19 AM