With the passing of Queen Elizabeth II come changes that few of us in the legal arena would have hitherto thought of. For example, Queen’s Counsel have become King’s Counsel and visitors to the Royal Courts of Justice in Central London will see cases being listed in the King’s Bench Division instead of the Queen’s Bench Division with the wording of oaths and affirmations also updated.
Whilst we continue to adjust to the new world, the Court of Protection and High Court continue apace and the need to take steps (by parties and the Court) to afford P and/or parents the right to legal representation in cases where legal aid is not available, or they are above the legal aid threshold can be seen from two of the cases we report on in this newsletter (A (A Child) (Withdrawal of Treatment: Legal Representation) CA-2022-001707 and South Gloucestershire Council & DN & S [2022] EWCOP 35 (300)). Transparency Orders and Reporting Restriction Orders (RRO’s) are also making headlines with the Court of Appeal set to hear the combined appeals against the judgment of the President of the Family Division on the discharge of RRO’s (handed down 23.06.2021) in mid-November. The case of A (A Child) [2022] EWHC 1873 (Fam) has also led to the issue of an interim safety alert in diagnosing death using neurological criteria in infants following the reversal in that case of brain stem death whilst the Academy of Medical Colleges undertake a review.
Round-up of key cases
Here is the round-up of the key Court of Protection cases from this quarter (July to September 2022), in which we believe our readers will be most interested. Please follow the link within the case summary to access the full judgment. Contact our team to discuss any particular case in more detail.
News and views – what you need to know
Reflections on the Archie Battersbee Case
Archie Battersbee, died on 6 August 2022, a 12-year-old boy from Essex who loved martial arts and gymnastics.
Over the previous four months, after he was found unconscious with a ligature round his neck at his home on 7 April 2022, decisions about his medical treatment, and indeed whether or not he was still alive or already dead, played out through the courts and the media in a way not seen in this country since the Charlie Gard and Alfie Evans cases in 2017/18. Read more
Following the case of Re: A (a child)
What started off as an application for a declaration of death was amended to a best interests withdrawal of treatment case. A, the child whom this case concerns, suffered two separate devastating brain injuries. In June 2022, A met the criteria for brain stem death (‘the criteria’). Read more
DOL applications for those under 18: An update
National Deprivation of Liberty Court and Bolton Council -v- KL [2022] EWCOP 24
The number of applications seeking authorisation for the deprivation of liberty for children has continued to grow and on 4 July 2022 the National Deprivation of Liberty Court (NDLC) was launched. This is not a new court as such; rather it is a newly dedicated part of the High Court Family Division based at the Royal Courts of Justice (RCJ). Read more
Section 21A proceedings – quick reference guide
What is a Section 21a application?
A person (‘P’) who is deprived of their liberty under a DoLS (Deprivation of Liberty) authorisation in a care home or hospital has the right to have these arrangements reviewed by a court or tribunal. This is to ensure that their Human Rights are not breached. Read more
Industry news in brief
After the consultation on the Code of Practice closed in July 2022, it feels like we are back in limbo, waiting for news. Here is what we know/our best guess on next steps and timing. Read more
For further information, please contact:
Kiran Bhogal, Hill Dickinson
kiran.bhogal@hilldickinson.com
