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Posts by Open Justice Court of Protection Project

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Judge refuses to make Civil Restraint Order against P’s father By Celia Kitzinger, 30th March 2026 A Court of Protection judge has refused an application from South Tyneside Council to make a Civil Restraint Order (CRO) against the father of a young autistic m…

Beyond the COP there’s a large and unedifying catalogue of Civil Restraint Orders against people who’ve dedicated themselves to using the law as a weapon against those with whom they disagree. Ironically, quite a few of them are lawyers...

openjusticecourtofprotection.org/2026/03/30/j...

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Courts without accountability

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Judge refuses to make Civil Restraint Order against P’s father By Celia Kitzinger, 30th March 2026 A Court of Protection judge has refused an application from South Tyneside Council to make a Civil Restraint Order (CRO) against the father of a young autistic m…

Beyond the COP there’s a large and unedifying catalogue of Civil Restraint Orders against people who’ve dedicated themselves to using the law as a weapon against those with whom they disagree. Ironically, quite a few of them are lawyers...

openjusticecourtofprotection.org/2026/03/30/j...

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Preview
Judge refuses to make Civil Restraint Order against P’s father By Celia Kitzinger, 30th March 2026 A Court of Protection judge has refused an application from South Tyneside Council to make a Civil Restraint Order (CRO) against the father of a young autistic m…

Judge refuses to make Civil Restraint Order against P’s father
By @kitzingercelia.bsky.social

openjusticecourtofprotection.org/2026/03/30/j...

3 weeks ago 0 1 0 0
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Judge refuses to make Civil Restraint Order against P’s father By Celia Kitzinger, 30th March 2026 A Court of Protection judge has refused an application from South Tyneside Council to make a Civil Restraint Order (CRO) against the father of a young autistic m…

Judge refuses to make Civil Restraint Order against P’s father
By @kitzingercelia.bsky.social

openjusticecourtofprotection.org/2026/03/30/j...

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BA (A Child), Re (DOLS in Hospital) [2026] EWHC 653 (Fam) (20 March 2026): Judgment authorising deprivation of liberty of 13-year-old with mental health difficulties, who had been detained in a windowless room in a hospital accident and emergency ward. www.bailii.org/ew/cases/EWH...

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“Let me talk about my partner’s death”– Court of Protection told By Daniel Cloake, 23rd September 2025 Editorial note: Judgment in this case has now been published: Re Carl Gardner, Deceased (Duration of Transparency Order). This blog is reprinted, with permissi…

Does open justice apply in the Court of Protection?

Public hearing in Court of Appeal on 25th March 2026

It's an appeal against Poole J's judgment on disclosure of position statements

Background info blog here (with links to earlier blogs)

openjusticecourtofprotection.org/2025/09/23/l...

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Every Judge, Magistrate and Tribunal Member should be thinking about the ways in which s/he can promote transparency and open justice when sitting. That can be as simple as ensuring that those people who are watching the proceedings can actually hear them, that they have the skeleton arguments to which reference is being made, and can find out the result of the case.”


Mr Justice Nicklin, Chair of the Judiciary’s Transparency and Open Justice Board
Speech 9th May 2024

Every Judge, Magistrate and Tribunal Member should be thinking about the ways in which s/he can promote transparency and open justice when sitting. That can be as simple as ensuring that those people who are watching the proceedings can actually hear them, that they have the skeleton arguments to which reference is being made, and can find out the result of the case.” Mr Justice Nicklin, Chair of the Judiciary’s Transparency and Open Justice Board Speech 9th May 2024

**

The Court of Appeal is to decide whether Nicklin J is right on this point.

Should judges in the Court of Protection l be ensuring that we have the skeleton arguments (aka position statements)?

We await the judgment in Re Gardner (Deceased) CA-2025-001953

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Every Judge, Magistrate and Tribunal Member should be thinking about the ways in which s/he can promote transparency and open justice when sitting. That can be as simple as ensuring that those people who are watching the proceedings can actually hear them, that they have the skeleton arguments to which reference is being made, and can find out the result of the case.”


Mr Justice Nicklin, Chair of the Judiciary’s Transparency and Open Justice Board
Speech 9th May 2024

Every Judge, Magistrate and Tribunal Member should be thinking about the ways in which s/he can promote transparency and open justice when sitting. That can be as simple as ensuring that those people who are watching the proceedings can actually hear them, that they have the skeleton arguments to which reference is being made, and can find out the result of the case.” Mr Justice Nicklin, Chair of the Judiciary’s Transparency and Open Justice Board Speech 9th May 2024

**

The Court of Appeal is to decide whether Nicklin J is right on this point.

Should judges in the Court of Protection l be ensuring that we have the skeleton arguments (aka position statements)?

We await the judgment in Re Gardner (Deceased) CA-2025-001953

3 weeks ago 1 1 0 0
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Looking forward to watching this Court of Appeal hearing today before Lord Justices Peter Jackson, Coulson, and Cobb.

With @kitzingercelia.bsky.social as an intervenor

A tragic situation for the family …& now a crucial hearing for #OpenJustice.

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Court of Appeal to decide whether open justice applies to the Court of Protection: Briefing for CA-2025-001953 Re Gardner In this ‘advance briefing’, I will set out the relevant background and a short summary of the arguments of the appellant and the intervenors. I hope this will assist observers to follow the hearing…

*Upcoming Court of Appeal - Weds 25th March 2026**

Does open justice apply in the Court of Protection?

That's what the Court of Appeal will be considering.

openjusticecourtofprotection.org/2026/03/22/c...

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“Let me talk about my partner’s death”– Court of Protection told By Daniel Cloake, 23rd September 2025 Editorial note: Judgment in this case has now been published: Re Carl Gardner, Deceased (Duration of Transparency Order). This blog is reprinted, with permissi…

Does open justice apply in the Court of Protection?

Public hearing in Court of Appeal on 25th March 2026

It's an appeal against Poole J's judgment on disclosure of position statements

Background info blog here (with links to earlier blogs)

openjusticecourtofprotection.org/2025/09/23/l...

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ITV investigates contact restrictions in care homes - and targets 'transparency orders' for preventing families from speaking publicly in their own names about what's happening.

www.itv.com/news/2026-03...

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Congratulations to @clarkdaniel.bsky.social, core team Project member, for successfully defending his PhD thesis yesterday. Well done Dr Clark!

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Is there space for clinical decision-making in relation to incapacitated adults? The CA pronounces The Court of Appeal in Townsend v Epsom & Helier University Hospitals NHS Trust EWCA Civ 195 has handed down a decision with very significant implications for all medical decision-making in relation to adults lacking capacity.  In the context of an urgent appeal against a decision of the Vice-President, Theis J, Baker LJ (giving the lead judgment), set out at paragraph 68 a series of principles that he considered to be “clearly and consistently established by the case law and professional guidance.”

Is there space for clinical decision-making in relation to incapacitated adults? The CA pronounces

The Court of Appeal in Townsend v Epsom & Helier University Hospitals NHS Trust EWCA Civ 195 has handed down a decision with very significant implications for all medical decision-making in relation…

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Promoting Open Justice in the Court of Protection Post by @OpenJusticeCoP.

Friday 27 February 2026

Featured hearings - three interesting hearings at the Royal Courts of Justice.

openjusticecourtofprotection.org

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The gulf between theory and practice: Open justice in the Court of Appeal By Celia Kitzinger, 24th February 2026 Over the last couple of years, judges have been talking a lot about the importance of open justice and transparency. But when I watched a Court of Appeal case…

New blog post

By @kitzingercelia.bsky.social

openjusticecourtofprotection.org/2026/02/24/t...

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Promoting Open Justice in the Court of Protection Post by @OpenJusticeCoP.

Featured hearings on Tuesday 24th February 2026

Two cases before Tier 3 judges - one at the RCJ and one in Manchester. Both remote.

openjusticecourtofprotection.org

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Permission to appeal refused: A procedural dead end By Elissa Novak (with an introduction by Celia Kitzinger), 22nd February 2026 This is effectively the third tranche of litigation in the long-running case concerning Luba Macpherson and her daughte…

Permission to appeal refused for Luba Macpherson and it looks like the end of the road for her in the English Courts

openjusticecourtofprotection.org/2026/02/22/p...

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Welsh families of people with learning disabilities speak out over 'Human rights scandal' Adam Johannes Families of people with learning disabilities in Wales who question the care of their loved ones say they are being silenced through gagging orders, barred from visits and excluded from ...

“The Court of Protection can only act on the evidence provided,”the nurse said.“But who are they going to believe — a desperate,emotional &angry parent who can’t afford an expensive barrister, or several health & social managers with extremely expensive legal support?”

nation.cymru/feature/wels...

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Judgment highlights realities of navigating health & welfare decisions “of a kind that rarely makes it to court…failure by hospital to consult with an LPA - a professional who moved “heaven & earth to correct the situation.”
Indeed, a rapid & effective challenge - awful that court action needed!

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How to vary the duration of a Transparency Order from “until further order of the court” to “until the death of P”: My family’s Court of Protection story continued By Amanda Hill, 12th February 2026 I am the daughter of a protected party in the Court of Protection. I can say that because at a hearing in March 2025, HHJ Murch approved my application to vary th…

New blog post

Daughter of P (@AmandaAPHill.bsky.social) wins right to refer to Court of Protection proceedings naming her mother without having to make a further application after her mother's death.

It shouldn't have been so hard!

openjusticecourtofprotection.org/2026/02/12/h...

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Promoting Open Justice in the Court of Protection Post by @OpenJusticeCoP.

Featured hearings on Thursday 19 February 2026.

Two hearings at the Royal Courts of Justice

#NotSecretCourt

openjusticecourtofprotection.org

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Promoting Open Justice in the Court of Protection Post by @OpenJusticeCoP.

Featured hearings for Tuesday 17 February 2026

Royal Courts of Justice - both accessible by remote link.

Both concern serious medical treatment.https://openjusticecourtofprotection.org/

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Promoting Open Justice in the Court of Protection Post by @OpenJusticeCoP.

Featured hearing on Monday 16th February 2026.

The case concerning Tony Hickmott, before Senior Judge Hilder at First Avenue House in London, 10.30am.

openjusticecourtofprotection.org

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Judgment now published: www.bailii.org/ew/cases/EWC...

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Video

🚨Eating & drinking in last days of life

An emotive subject, important to explore & the focus of latest episode.

🎧https://speakforme.co.uk/podcast-episode-151

@drkathrynmannix.bsky.social
#OrdinaryDying
#AdvanceCarePlanning
#PEoLC
#EoLC

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Judgment now published: www.bailii.org/ew/cases/EWC...

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Judgment out shortly!

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