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openjusticecop.bsky.social
Open Justice Court of Protection Project
@openjusticecop.bsky.social
480 followers 700 following 290 posts
Promoting Transparency in the Court of Protection
#NotSecretCourt
By @kitzingercelia.bsky.social @gillloomesquinn.bsky.social @clarkdaniel.bsky.social @amandaaphill.bsky.social + @doccmartin.bsky.social

Website: https://openjusticecourtofprotection.org
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openjusticecop.bsky.social
Open Justice Court of Protection Project @openjusticecop.bsky.social · 1d
Question for all Health & Welfare Attorneys (LPAs) and Deputies

Do hospitals recognise your role?

Do doctors inform & consult you - and recognise your role as "decision-maker".

A BAD experience described in the blog - but there must be good ones.

openjusticecourtofprotection.org/2026/02/01/c...
Consultation with Health and Welfare Attorneys/Deputies: A ‘lacuna in the system’ exposed in Cwm Taf Morgannwg UHB v RW
In ignoring her role as decision-maker and failing to consult about treatment, the hospital displayed “a stark disregard for and misunderstanding of the Mental Capacity Act 2005” said the Hea…
openjusticecourtofprotection.org
openjusticecop.bsky.social
That is a familiar experience for people holding Lasting Power of Attorney (and Deputies). So sorry.
February 4, 2026 at 8:10 AM
openjusticecop.bsky.social
New blog post

How do appeals work in the Court of Protection - why do they fail, and how are they different from reconsiderations, or hearings after a material change in circumstance.

By Robert Sharp

openjusticecourtofprotection.org/2026/02/04/a...
Appealing a Court of Protection judgment
This post offers a basic introduction to Court of Protection appeals. It covers (1) the general principles that govern appeals and why appeals fail at an early stage (2) the procedure for making an…
openjusticecourtofprotection.org
February 4, 2026 at 8:09 AM
Reposted by Open Justice Court of Protection Project
openjusticecop.bsky.social
Question for all Health & Welfare Attorneys (LPAs) and Deputies

Do hospitals recognise your role?

Do doctors inform & consult you - and recognise your role as "decision-maker".

A BAD experience described in the blog - but there must be good ones.

openjusticecourtofprotection.org/2026/02/01/c...
Consultation with Health and Welfare Attorneys/Deputies: A ‘lacuna in the system’ exposed in Cwm Taf Morgannwg UHB v RW
In ignoring her role as decision-maker and failing to consult about treatment, the hospital displayed “a stark disregard for and misunderstanding of the Mental Capacity Act 2005” said the Hea…
openjusticecourtofprotection.org
February 3, 2026 at 8:54 AM
openjusticecop.bsky.social
Great to hear that it worked well on the frailty ward! It would be nice to have some positive experiences represented in full - maybe a blog post?
February 3, 2026 at 10:24 AM
openjusticecop.bsky.social
A decision to remove (or not to (re)insert) a feeding tube might not be a best interests decision but a purely clinical one - i.e. that the feeding tube is medically contraindicated and so not an 'available option' (so no need to consult attorneys). Do you know which it was for your dad?
February 3, 2026 at 10:23 AM
Reposted by Open Justice Court of Protection Project
openjusticecop.bsky.social
New blog post by @kitzingercelia.bsky.social

Successful application to disapply Section 12(1) of the Administration of Justice Act: Making Polly’s statutory will application public

openjusticecourtofprotection.org/2026/01/18/s...
Successful application to disapply Section 12(1) of the Administration of Justice Act: Making Polly’s statutory will application public
If Polly had been through her car crash and hospital treatment and recovered sufficiently to analyse and present what had happened to her, then we believe she would have told her own story publicly…
openjusticecourtofprotection.org
January 18, 2026 at 8:38 PM
Reposted by Open Justice Court of Protection Project
openjusticecop.bsky.social
It would be wise of judges to be aware of the effect their well-meaning (public) criticism of observers' actions has on transparency.

New blog by. @clarkdaniel.bsky.social

openjusticecourtofprotection.org/2026/01/23/u...
Unfair judicial criticism of observers is bad for transparency
I’m not immune from criticism, here. What I thought were my reasonable efforts to get clarity about whether this hearing was going ahead, and then my further attempts to get the link, seem to…
openjusticecourtofprotection.org
January 25, 2026 at 9:04 PM
openjusticecop.bsky.social
Question for all Health & Welfare Attorneys (LPAs) and Deputies

Do hospitals recognise your role?

Do doctors inform & consult you - and recognise your role as "decision-maker".

A BAD experience described in the blog - but there must be good ones.

openjusticecourtofprotection.org/2026/02/01/c...
Consultation with Health and Welfare Attorneys/Deputies: A ‘lacuna in the system’ exposed in Cwm Taf Morgannwg UHB v RW
In ignoring her role as decision-maker and failing to consult about treatment, the hospital displayed “a stark disregard for and misunderstanding of the Mental Capacity Act 2005” said the Hea…
openjusticecourtofprotection.org
February 3, 2026 at 8:54 AM
Reposted by Open Justice Court of Protection Project
openjusticecop.bsky.social
New blog alert

Hospital makes serious medical treatment decisions for P without consulting his Health & Welfare Attorney.

Happens all the time - but Attorney in this case (a solicitor) & she got it before the VP.

By @jennykitzinger.bsky.social

openjusticecourtofprotection.org/2026/02/01/c...
Consultation with Health and Welfare Attorneys/Deputies: A ‘lacuna in the system’ exposed in Cwm Taf Morgannwg UHB v RW
In ignoring her role as decision-maker and failing to consult about treatment, the hospital displayed “a stark disregard for and misunderstanding of the Mental Capacity Act 2005” said the Hea…
openjusticecourtofprotection.org
February 2, 2026 at 7:11 AM
openjusticecop.bsky.social
New blog alert

Hospital makes serious medical treatment decisions for P without consulting his Health & Welfare Attorney.

Happens all the time - but Attorney in this case (a solicitor) & she got it before the VP.

By @jennykitzinger.bsky.social

openjusticecourtofprotection.org/2026/02/01/c...
Consultation with Health and Welfare Attorneys/Deputies: A ‘lacuna in the system’ exposed in Cwm Taf Morgannwg UHB v RW
In ignoring her role as decision-maker and failing to consult about treatment, the hospital displayed “a stark disregard for and misunderstanding of the Mental Capacity Act 2005” said the Hea…
openjusticecourtofprotection.org
February 2, 2026 at 7:11 AM
openjusticecop.bsky.social
Thank you David! We absolutely can advise on how to observe a hearing and can offer 1-to-1 "buddy" support for anyone wanting help. We can mostly observe hearings remotely via MS teams. Do suggest emailing us and we'll help: openjustice@yahoo.com
January 31, 2026 at 8:58 PM
openjusticecop.bsky.social
Featured hearings for 30 January 2026

Two hearings at the RCJ before Mr Justice Hayden.

Both cases previously concerned capacity for sex and marriage.

openjusticecourtofprotection.org
Promoting Open Justice in the Court of Protection
Post by @OpenJusticeCoP.
openjusticecourtofprotection.org
January 30, 2026 at 8:17 AM
openjusticecop.bsky.social
Hearing you can observe via cloud video platform from Sheffield on Wednesday 28th January 2026

It's a challenge to a deprivation of liberty.
Sitting at Sheffield Designated Family Court Wednesday, 28 January 2026 Before HHJ Afzal CBE Start Time Case Details 10:30am 20026348 - TC -V- SCC - S21a DOLS - PUBLIC HEARING WITH REPORTING RESTRICTIONS - CVP - T/E 1 HOUR Open justice is a fundamental principle in our courts and tribunals system and will continue to be so as we increase the use of audio and video technology. Dispute Resolution Hearings are not attended hearings for the purpose of Practice Direction 4C. Requests to observe other hearings (including those noted as 'private remote') should be made to: COP.leeds.countycourt@justice.gov.uk 0113 3062421
January 27, 2026 at 3:04 PM
Reposted by Open Justice Court of Protection Project
openjusticecop.bsky.social
New blog post - an 'explainer' by @familoo.pinktape.co.uk

openjusticecourtofprotection.org/2026/01/21/w...
What’s the difference between a barrister and a solicitor (and a legal executive)?
By Lucy Reed, 21st January 2026 Barristers, solicitors and legal executives are all lawyers, but they are different types of lawyers. There are many similarities and many differences. One is not ‘b…
openjusticecourtofprotection.org
January 21, 2026 at 8:39 AM
openjusticecop.bsky.social
It would be wise of judges to be aware of the effect their well-meaning (public) criticism of observers' actions has on transparency.

New blog by. @clarkdaniel.bsky.social

openjusticecourtofprotection.org/2026/01/23/u...
Unfair judicial criticism of observers is bad for transparency
I’m not immune from criticism, here. What I thought were my reasonable efforts to get clarity about whether this hearing was going ahead, and then my further attempts to get the link, seem to…
openjusticecourtofprotection.org
January 25, 2026 at 9:04 PM
openjusticecop.bsky.social
New blog post - an 'explainer' by @familoo.pinktape.co.uk

openjusticecourtofprotection.org/2026/01/21/w...
What’s the difference between a barrister and a solicitor (and a legal executive)?
By Lucy Reed, 21st January 2026 Barristers, solicitors and legal executives are all lawyers, but they are different types of lawyers. There are many similarities and many differences. One is not ‘b…
openjusticecourtofprotection.org
January 21, 2026 at 8:39 AM
openjusticecop.bsky.social
Featured hearing on Wednesday 21 January 2026.

A (hybrid: in person and remote) permission to appeal hearing in Newcastle in a case we have blogged about many times.

See the most recent blog in Featured Hearings on our website.

openjusticecourtofprotection.org
Promoting Open Justice in the Court of Protection
Post by @OpenJusticeCoP.
openjusticecourtofprotection.org
January 20, 2026 at 6:12 PM
Reposted by Open Justice Court of Protection Project
sandbergrlaw.bsky.social
New Blog Post: Imam Sentenced for Underage Religious Marriage

The new offence of carrying out conduct for the purpose of causing someone under the age of 18 to enter into a marriage applies to unregistered religious marriages.

sandbergrlaw.wordpress.com/2026/01/20/i...
Imam Sentenced for Underage Religious Marriage
An Imam has been given a suspended prison sentence for conducting a religious wedding ceremony for two 16 year olds.  The Marriage and Civil Partnership (Minimum Age) Act 2022 raised the age a…
sandbergrlaw.wordpress.com
January 20, 2026 at 2:55 PM
openjusticecop.bsky.social
New blog post by @kitzingercelia.bsky.social

Successful application to disapply Section 12(1) of the Administration of Justice Act: Making Polly’s statutory will application public

openjusticecourtofprotection.org/2026/01/18/s...
Successful application to disapply Section 12(1) of the Administration of Justice Act: Making Polly’s statutory will application public
If Polly had been through her car crash and hospital treatment and recovered sufficiently to analyse and present what had happened to her, then we believe she would have told her own story publicly…
openjusticecourtofprotection.org
January 18, 2026 at 8:38 PM
Reposted by Open Justice Court of Protection Project
transformjustice.bsky.social
💡New Insight 💡

Dr Jill Harbord of University of Sussex explores the marginalisation of people facing homelessness in our magistrates' courts. Read it now ⬇️

@sheltercharity.bsky.social | @crisis-uk.bsky.social | @stmungos.bsky.social

www.transformjustice.org.uk/news-insight...
“Am I going to prison?”: how defendants are excluded & marginalised - Transform Justice
www.transformjustice.org.uk
January 16, 2026 at 11:33 AM
Reposted by Open Justice Court of Protection Project
openjusticecop.bsky.social
New blog post

Another prison sentence from the Court of Protection

openjusticecourtofprotection.org/2026/01/14/s...
Suspended prison sentence for unrepresented defendant – who is “entitled to disagree but not to disobey”
“The court said what needed to be done. You disagreed. You’re entitled to disagree but you’re not entitled to disobey the court order which is what you’re alleged to have done.” (HHJ Bu…
openjusticecourtofprotection.org
January 15, 2026 at 7:51 AM
openjusticecop.bsky.social
New blog post

Another prison sentence from the Court of Protection

openjusticecourtofprotection.org/2026/01/14/s...
Suspended prison sentence for unrepresented defendant – who is “entitled to disagree but not to disobey”
“The court said what needed to be done. You disagreed. You’re entitled to disagree but you’re not entitled to disobey the court order which is what you’re alleged to have done.” (HHJ Bu…
openjusticecourtofprotection.org
January 15, 2026 at 7:51 AM
openjusticecop.bsky.social
Back in court 14th January 2026) at 2pm. It follows Mr Justice McKendrick's judgment in December that it is in P's best interests to move to supported living.

See our homepage (openjusticecourtofprotection.org) for details on how to observe:

openjusticecourtofprotection.org/2025/11/30/r...
Renal Failure Case Returns: Dialysis problems and Barnet’s non-compliance with a court order
Non-compliance from the public body was dealt with by judicial expressions of incomprehension (“I’m struggling to understand…”) about the Local Authority’s failure to act and about their failure to…
openjusticecourtofprotection.org
January 13, 2026 at 8:17 PM
openjusticecop.bsky.social
There's a private hearing today in Pontypridd County Court. Someone is being deprived of their liberty - on the application (I think) of Rhondda Cynon Taf County Borough Council.

Following recent experiences in Wales, I'm concerned about private hearings there + will ask to observe.
Tuesday, 13 January 2026 Before DJ Barcello Gerbron Ei Anrhydedd Y Barnwr Barcello Amser Cychwyn/ Start Time Manylion yr Achos / Case Details 3pm 20024149 RCTCBC ~ RT Authorising A deprivation Of Liberty (In Relation To E.G Care And Residence Arrangements) / Awdurdodi Amddifadu O Ryddid (Yng Nghyswllt E.E Trefniadau Gofal A Phreswylio) T/E 1hr PRIVATE HEARING NOT OPEN TO PUBLIC Mae mynediad at gyfiawnder yn egwyddor hanfodol yn system y llysoedd a'r tribiwnlysoedd, a bydd hyn yn parhau wrth i ni ddatblygu technoleg sain a fideo. Nid yw Gwrandawiadau Datrys Anghydfod yn wrandawiadau a fynychir at ddibenion Cyfarwyddyd Ymarfer 4C. Dylid cyflwyno ceisiadau i arsylwi gwrandawiadau eraill (gan gynnwys y rhai hynny a nodir fel 'preifat o bell') i: CardiffCOP@Justice.gov.uk 0292 037 6486
January 13, 2026 at 8:53 AM
openjusticecop.bsky.social
New blog post by @jennykitzinger.bsky.social

Judge acts as mediator between two sisters in dispute about their mother's care...

openjusticecourtofprotection.org/2026/01/11/s...
Sisters in dispute about how best to care for their mother
By Jenny Kitzinger, 11th January 2026 Caring for aging parents who have declining physical and mental capacity can lead to family conflict. There may be different understandings of what the parent …
openjusticecourtofprotection.org
January 12, 2026 at 9:49 AM