Claire Martin

Thank you Zena.

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…

New blog post by Daniel Clark @clarkdaniel.bsky.social and Claire Martin @doccmartin.bsky.social (with commentary by Lucy Series @thesmallplaces.bsky.social)

openjusticecourtofprotection.org/2025/02/27/a...

Public bodies argue about funding – Poole J feels like “a referee or go-between” By Amanda Hill, with contribution from Tim Sugden, 5th March 2025 The protected person (“MH”) has been diagnosed with dementia and lives in a care home. This case (COP 14…

This situation is all too common. Public bodies have become businesses prioritising budgets. openjusticecourtofprotection.org/2025/03/05/p...

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/2025/02/27/a...

Delays for “a most distinguished man” deprived of his liberty By Claire Martin, 8h 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 13th January 20…

New blog post by @doccmartin.bsky.social

openjusticecourtofprotection.org/2025/01/09/d...

It can now be revealed that a review by the Crown Prosecution Service found 12 members of NHS staff — 2 doctors, 9 nurses and 1 pharmacist — all failed in their duty of care to Laura Higginson. But the CPS concluded it did not meet the threshold for prosecution.

“Bureaucracy blots out the sun”: Telling Ella Lung’s story Ella Lung, suffering from dementia, was deprived of her freedom in a care home for over two years. Her son, Richard, documented her distress and their experiences through fourteen journals. Despite…

"Mother was subjected to a Deprivation of Liberties, that deprived her of her love of freedom & her love of family, in short,her love of life." Harrowing, raw testimony on the impact of 'safeguarding':all health, social & COP professionals should read
openjusticecourtofprotection.org/2024/12/01/b...

A finely balanced decision for the judge to make. P said during this hearing ‘if you can see in your hearts to see where I’m coming from’. I wonder what the judge decided. @kitzingercelia.bsky.social

In your final years, do you want your doctor to talk to you about death? Here’s how it can help | Kathryn Mannix Working in palliative care, I’ve seen too many dying people subjected to invasive treatment in place of frank conversations, says retired palliative care doctor Kathryn Mannix

This article speaks to what's missed when we think about healthcare in purely distributive terms. No, we shouldn't ration treatment or tests on the grounds of age. But we do need to ask: should we do this? When does attempting to help become harmful?

www.theguardian.com/commentisfre...

Prohibition on identifying Public Guardian is “mistake not conspiracy”, says Judge By Celia Kitzinger and Georgina Baidoun, 21st August 2024 On 1st February 2024 a member of the public, Georgina Baidoun, observed a hearing concerning an application by the Public Guardian to discharg...

New blog post - hot off the press - on judicial error. An expensive , time-consuming one that had to be corrected by members of the public. Not a good look for #openjustice

openjusticecourtofprotection.org/2024/08/22/p...

What to do if the Transparency Order prevents you from naming a public body By Celia Kitzinger, 27th August 2024 It’s probably safe to assume – unless you’re told otherwise – that if a Transparency Order prevents you from naming a public body, it’s a mistake. That’s been true...

My new blog post on "What to do if the Transparency Order prevents you from naming a public body"
#openjustice

openjusticecourtofprotection.org/2024/08/27/w...

Thank you Daniel

Tangled webs, ‘enmeshment’, and breakdown of trust: Re A: (Covert medication: Closed Proceedings) – an implementation hearing By Claire Martin, 18 August 2024 This case (COP 13236134) has been in the Court of Protection since 2018.  The protected party (A) is a 25-year-old woman, who has been living in a care home under a Co...

This is an incisive (as ever) blog by @doccmartin.bsky.social

This sad case raises serious questions about state interference in people's lives, and what society expects a "normal" relationship to be

openjusticecourtofprotection.org/2024/08/18/t...

Tangled webs, ‘enmeshment’, and breakdown of trust: Re A: (Covert medication: Closed Proceedings) – an implementation hearing By Claire Martin, 18 August 2024 This case (COP 13236134) has been in the Court of Protection since 2018.  The protected party (A) is a 25-year-old woman, who has been living in a care home under a Co...

This Court of Protection case involved
CLOSED hearings (family were excluded + not told they were taking place) &
COVERT MEDICATION (she refused meds so care home put them in her food). By @doccmartin.bsky.social

We've been following it since 2020

openjusticecourtofprotection.org/2024/08/18/t...

An excellent blog by @doccmartin.bsky.social @kitzingercelia.bsky.social

Daniel Clark - They were the future once: oppression in the lives of older people

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...

Marking one’s own homework: A “fair-minded observer’s” view of a recusal refusal by Daniel Clark, 13th August 2024 What can a party do if they feel that, during the course of a hearing, they were “silenced and bullied and berated” by the judge? What happens if a litigant in person...

Here's a new blog post by one of the Open Justice Court of Protection (COP) core team - Daniel Clark. He reflects on a recusal hearing.

I'll be posting these blog posts regularly on here now, hoping to inspire others to observe COP hearings.

openjusticecourtofprotection.org/2024/08/13/m...

Great account to follow. A real eye-opener.

Directions Hearing for a Life Sustaining Treatment Case By Hita Jadeja, 14th August 2024 On 31 July 2024 I observed a hearing (COP 20000664) before Mrs Justice Theis sitting at the Royal Courts of Justice.   An NHS Trust (‘the Trust’) has made an applicati...

Hita Jadeja is a solicitor with a background in commercial dispute resolution. She watched a Court of Protection hearing (in the RCJ) and describes her experience of #openjustice here.

openjusticecourtofprotection.org/2024/08/14/d...

Marking one’s own homework: A “fair-minded observer’s” view of a recusal refusal by Daniel Clark, 13th August 2024 What can a party do if they feel that, during the course of a hearing, they were “silenced and bullied and berated” by the judge? What happens if a litigant in person...

A few weeks ago I observed a recusal application in the Court of Protection.

I found it strange that it's common practice for a judge alleged to be biased to consider whether there's any merit in the allegation. So I wrote about that in this blog
openjusticecourtofprotection.org/2024/08/13/m...