First Impressions of Hayden J in the Court of Protection

Emma Heron andOlwen Cockell, 21st May 2021

Editorial Introduction (Celia Kitzinger)

Two relative novices to the Court of Protection had their first experience of a hearing before Mr Justice Hayden on 20^thMay 2021.They record their impressions here.

I also observed this hearing (COP 1275114):a s.21A challenge on behalf of a man in his 40s with “learning disability at the most severe end of the spectrum“, autism, and epilepsy.

It was an unusual case for a Tier 3 judge but had apparently been transferred by District Judge Eldergill because P’s mother was also his Deputy and, at some point, was refusing to accept that his placement met the best interests requirement for a Standard Authorisation.This meant that the authorisation conflicted with other existing authority for P, meaning that the ‘no refusals’ requirement was not met.This raised the question of what happens when you get a refusal…