Daughter's application for the continuation of a RRO after her mother (who was in a minimally conscious state) died following the withdrawal of life-sustaining treatment by means of clinically assisted nutrition and hydration. The application was refused, the judge saying that "the balance here weighs more heavily in favour of freedom of expression".
Read the full text of the judgment on Bailii New case alert: University College London Hospitals NHS Foundation Trust v G [2016] EWCOP 2822/6/2016
Application by the family of a woman in a permanent vegetative state for a RRO, which was to last for 1 month after her death, to be extended indefinitely. The application was refused.
Read the full text of the judgment on Bailii A reporting restrictions order was continued until further order which prohibited the identification of the Patient. In this judgment Mr Justice Charles discusses the balancing act between the default rule, which is that hearings should be held in public, and the article 8 and 10 rights of the P's children.
Read the full text of the judgment on Bailii The OPG has announced that there will be new report forms for court appointed deputies from 1 March 2016.
Two new forms will replace the existing combined one. OPG102 will be used for property and finance and OPG104 for health and welfare. A shorter form of the OPG102, which will be known as the OPG103, will also be available for use by existing property and finance deputies assessed under minimal supervision when they report for the first time. All other deputies, both new and old, will be asked to complete either the OPG102 or OPG104 depending on their court order. This will need to be done annually. The changes are partly to improve safeguarding as in both forms there will be a requirement to give more detail about the client's care and funding to assess whether the client is receiving the appropriate level of support. According the OPG these new sections will act as "early indicators that a client may be at risk of neglect or a red flag that the client is not receiving adequate support. If there are any inconsistencies, we can act quickly and investigate further." As well as the new report forms, professional and public authority deputies will be asked for more information about their fees and charges, using the new professional fees insert (OPG105) or the public authority deputy fees insert (OPG106). There is a transitional period from 1 March to 1 September 2016 when deputies can use either the old or new versions. The forms are not yet available on the OPG website but we will let you know when they are. You can however read the full news release here. From today, Court of Protection hearings will be held in public by default following the publication of a transparency Pilot Practice Direction,
The Practice Direction will apply to new proceedings issued from today onwards. Hearings scheduled already under the old rules will not be changed but some urgent open hearings will feed through to the courts from next month. The Practice Direction effectively changes the default position to one where hearings are held in public with reporting restrictions to protect identities. This means that when an order has been made under the pilot, both the media and the public will be able to attend, unless a further order has been made which excludes them. This will also apply to proceedings issued pre-29 January but where a further hearing becomes necessary after the start date. HMCTS is also changing the display of court lists, so that they provide a short 'descriptor' of what the case is about, allowing the media and members of the public to make an informed decision on whether to attend the hearing. Lists will be published on a weekly basis in court buildings and online at www.courtserve.net, though the new style list does not seem to be in operation as of today. The pilot is expected to run in all regions for at least six months (with the possibility of extension) to allow for the changes to be fully tested. You can read more on the MoJ website here. The Pilot Practice Direction and other related documents can be found here. |
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