iiinova — where your digital self keeps evolving

Reposted by Daniel Clark

Jenny Kitzinger @jennykitzinger.bsky.social · 22/05/2025

Welfare deputies should always be consulted & will be the decision-maker for some decisions. I’ve been a deputy for 15yrs & it’s crucial for supporting my brain-injured sister. But disturbing case reveals how deputies were excluded openjusticecourtofprotection.org/2025/05/16/d...

openjusticecourtofprotection.org

DJ Clarke calls time on public body delay: Internet restrictions, consultation with deputies, and a rejection of judicial “micromanaging”

By Daniel Clark, 16th May 2025 This case concerns XY: an autistic man in his twenties who lived an active and sociable life until a decline in his mental health. As described in an earlier blog pos…

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Reposted by Daniel Clark

Judith Townend @jtownend.bsky.social · 02/05/2025

Please share! Public lecture - Mr Justice Nicklin - Open Justice: Fit for Purpose - Wednesday 4 June 2025 17:00 to 19:00 Location: Green Templeton College, University of Oxford Speaker: The Honourable Mr Justice Nicklin Register here: www.gtc.ox.ac.uk/news-and-eve...

gtc.ox.ac.uk

Open Justice: Fit for Purpose - Green Templeton College

Details Date: June 4 Time: 05:00 pm - 07:00 pm Event Category: Lectures and Seminars

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Cllr Dr David Nicholl @drdavidnicholl.bsky.social · 26/04/2025

Interesting piece for any doctor involved in Court of Protection hearings

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Daniel Clark @clarkdaniel.bsky.social · 11/04/2025

This is such great news! And this blog has some valuable learning points for professionals of almost every variety

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Daniel Clark @clarkdaniel.bsky.social · 04/04/2025

The judge in this hearing was full of praise for P's social worker, and I thought it was worth highlighting. In the event I need a social worker fighting my corner, I hope it's someone like this

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Daniel Clark @clarkdaniel.bsky.social · 10/03/2025

This is very worrying: "Is the Court of Protection still sending family members to prison in secret? I don’t know for sure. But I suspect the answer is ‘yes’."

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Dr Julie Doughty @juliedoughty.bsky.social · 05/03/2025

a compelling example of the dehumanising of someone who needs a health service, and his family, while the judge 'referees' the funding arguments

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Daniel Clark @clarkdaniel.bsky.social · 03/03/2025

@thesmallplaces.bsky.social points out that the public bodies making best interests decision, rather than XY's mum (who's also his Health and Welfare) deputy), "seems like an example of bureaucratic overreach". Have a read - it's some really interesting commentary

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Reposted by Daniel Clark

Zena Bolwig @zenabolwig.bsky.social · 27/02/2025

A very clear, comprehensive and thoughtful blog, thanks @clarkdaniel.bsky.social I found @doccmartin.bsky.social's commentary on complaints very interesting.

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Open Justice Court of Protection Project @openjusticecop.bsky.social · 27/02/2025

Calling lawyers/academics: We'd love a blog addressing civil vs criminal standards of proof. This comes up a lot in discussions with families in COP hearings. Not much has been written about it. Please contact me if you're interested. (I found this: scholarship.law.cornell.edu/facpub/222/)

scholarship.law.cornell.edu

A Comparative View of Standards of Proof

In common-law systems, the standard of proof for ordinary civil cases requires the party who bears the burden of proof to establish by a preponderance of the evidence that the facts alleged are true. ...

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Daniel Clark @clarkdaniel.bsky.social · 27/02/2025

A lack of accountability for implementing best interests decisions. Family members being excluded. Failures to comply with court orders. The inability of these public bodies to work together to help a young man is shocking openjusticecourtofprotection.org/2025/02/27/a...

openjusticecourtofprotection.org

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…

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Daniel Clark @clarkdaniel.bsky.social · 18/02/2025

Last October I was in London to investigate how accessible (or not) two court buildings are. First Avenue House fared much better than the Royal Courts of Justice but both were plagued by small text on signs. Even a notice that said you could ask for documents in large print were in small print!

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Reposted by Daniel Clark

Jacob Gifford Head @giffordhead.co.uk · 17/02/2025

An interesting post. I’m not really sure what the solution is to the problems with the Royal Courts of Justice. Ever since the building opened, people have been making (well-founded) jokes about it being a maze. It was even mentioned in the LCJ’s opening speech. Or this example from later in 1883.

Screenshot reading:

It was reported that the Petitioner and Respondent in a Divorce Suit, after wandering about for some time, met accidentally in a corridor, and, inquiring of each other the way to the Court they were seeking, mutual recognition followed, and they became happily reconciled.

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Daniel Clark @clarkdaniel.bsky.social · 04/02/2025

The failure of parliament to take action on DoLS means that "the backlog [in processing applications] will grow and grow, and more and more people will be deprived of their liberty without adequate safeguards" openjusticecourtofprotection.org/2025/01/31/d...

openjusticecourtofprotection.org

Dispute about capacity and best interests in a s.21A application

By Daniel Clark, 31st January 2025 Mr H has lived in A Care Home since 2022. He is challenging his deprivation of liberty, pursuant to s21a of the Mental Capacity Act 2005[i], but the responde…

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Daniel Clark @clarkdaniel.bsky.social · 17/01/2025

I'm a little late to reading this but it was worth the wait. It's an excellent book that rigorously pursues the evidence of Heidegger's commitment to Nazism. There's also engagement with Hannah Arendt's analysis of Heidegger without the unnecessary references to their relationship that others make

The title page of Richard Wolin's 'Heidegger in Ruins: Between Philosophy and Ideology"

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Daniel Clark @clarkdaniel.bsky.social · 17/01/2025

*Calling legal people* Why does the Court of Appeal sit as a panel? I can't seem to find an answer that would be unique to a *panel* as opposed a single judge

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Reposted by Daniel Clark

Lucy Series @thesmallplaces.bsky.social · 07/01/2025

Wowzers, look at this graph of CQC ratings for for-profit, local authority and third sector care providers - says it all really...

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Daniel Clark @clarkdaniel.bsky.social · 07/01/2025

As Celia says here, it's now very rare to see a journalist in Court of Protection hearings. When they are there, they often don't address the court or report on proceedings. That leaves it up to the public to 'fly the flag' of transparency: something that "can feel like a disproportionate burden"

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Reposted by Daniel Clark

Alison Harvey @aliromah.bsky.social · 11/12/2024

I too am not Spartacus. Where lawyers are associated with the causes of their clients, lawyers are at risk. Keeping our distance is our responsibility to those of our profession on the frontlines all over the world.

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Reposted by Daniel Clark

Amanda Hill @amandaaphill.bsky.social · 11/12/2024

Heather Walton can be named as the mother of a P in a Court of Protection case. 2 days ago I could have been held in contempt of court for saying that: fined, had my assets seized or even been sent to prison. A blog: @openjusticecop.bsky.social openjusticecourtofprotection.org/2024/12/10/a...

openjusticecourtofprotection.org

A mother now free to tell her Court of Protection story

By Amanda Hill, with Heather Walton and Celia Kitzinger, 10th December 2024 Something significant happened in the Court of Protection on Wednesday 30th October 2024. Not within the …

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George Julian @georgejulian.bsky.social · 05/12/2024

Been thinking about this since I read it yesterday. Arrogance, confidence and intrenched positions; alongside the blind belief of those who work for the state (especially local authority/NHS staff). A heady combination, which often results in deathly consequences (literally, not hyperbole).

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Open Justice Court of Protection Project @openjusticecop.bsky.social · 02/12/2024

This week! Still time to sign up for our next webinar - How to Observe Remote Court of Protection hearings. Thursday 5th December 2024 5-6pm Email openjustice@yahoo.com and we will send you the link.

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Tor Butler-Cole @torbc.bsky.social · 30/11/2024

How about adding into the Assisted Dying Bill an amendment to the NHS Act 2006 so that hospices are on the list of services the NHS has to provide?

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Reposted by Daniel Clark

Daniel Clark @clarkdaniel.bsky.social · 25/11/2024

The concept of structural injustice means "we can describe certain processes (like closed proceedings) as an injustice without also making a claim that those who engage with them are bad actors" openjusticecourtofprotection.org/2024/11/24/i...

openjusticecourtofprotection.org

“It is a process that isn’t fair”: Structural injustice in the Court of Protection

By Daniel Clark, 24th November 2024 The words, “it’s a process that isn’t fair”, were uttered towards the end of the hearing on 21st November 2024 by Alison Harvey, counsel for the protec…

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Reposted by Daniel Clark

Charlie Radclyffe @charlierad.bsky.social · 27/11/2024

Thinking of doing a PhD? These OU ones look great to me: • Leveraging technology on service inclusion & wellbeing (Business/Law) • Policing Online Harms: Protecting Women & Girls in the Digital Age (Bus/Law) • Empowering families affected by dementia (w/ @ageuk.bsky.social)

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Alison Harvey @aliromah.bsky.social · 26/11/2024

Is this the beginning of a recognition that spending on legal aid leads to savings overall, & that legal aid is an integral part of affecting change?

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Daniel Clark @clarkdaniel.bsky.social · 26/11/2024

Talk about the "compatibility" of B and a potential flatmate,"evoked images (in my mind) of a type of conveyer belt social care where people live together without having had the chance to decide for themselves whether they actually get on"

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Reposted by Daniel Clark

George Julian @georgejulian.bsky.social · 26/11/2024

Added two heavyweights to my #OpenJustice starter pack as @inquest-org.bsky.social and @openjusticecop.bsky.social have both joined this space in the last 24hrs go.bsky.app/T1DRtFL

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Daniel Clark @clarkdaniel.bsky.social · 26/11/2024

It's all well and good to have an appeal heard in open court but the public need to know what is actually being appealed. Hopefully the judgment is published as a matter of urgency

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Reposted by Daniel Clark

Open Justice Court of Protection Project @openjusticecop.bsky.social · 25/11/2024

Hello to everyone on Bluesky - we've just joined. We're promoting #OpenJustice in the English Court of Protection by supporting members of the public to observe and blog about court hearings in the #NotSecretCourt Check out our website openjusticecourtofprotection.org

openjusticecourtofprotection.org

Promoting Open Justice in the Court of Protection

Post by @OpenJusticeCoP.

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Daniel Clark @clarkdaniel.bsky.social · 22/11/2024

Transparency Orders should be anonymised. Mistakes do happen so we'll always let lawyers and the court know when those mistakes are made. That's only effective when someone acts on it, which didn't happen here

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Reposted by Daniel Clark

Celia Kitzinger @kitzingercelia.bsky.social · 21/11/2024

Thank you for updating your earlier blog post Daniel to cover the further problems with the Transparency Order (and the lawyers' failure to fix it) in this case. It's truly dispiriting. openjusticecourtofprotection.org/2024/10/28/t...

openjusticecourtofprotection.org

Treatment for Anorexia Nervosa: A brief directions hearing (with a new postscript on transparency)

This case concerns CC, who has a diagnosis of anorexia nervosa. A Trust seeks court declarations about her treatment.

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Daniel Clark @clarkdaniel.bsky.social · 21/11/2024

Some of the distress in this case could have been avoided if the Transparency Order had been properly discussed beforehand. And lawyers, it's true - there's a time and a place for you to air views like this. It's not outside courtroom doors (especially when you know how to contact us...)

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Daniel Clark @clarkdaniel.bsky.social · 21/11/2024

Worth emphasising the lawyer's (I think accurate) evocation of Arendt's "banality of evil" to describe what was done to Gisèle Pelicot. This describes the "terrifyingly normal", those who cannot "think from the standpoint of somebody else" - something that facilitates evil actions

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Siôn @sionr.bsky.social · 19/11/2024

I have had a go at creating a Court of Protection starter pack off the back of a relatively quick search on here. I have undoubtedly missed a lot of people, so feel free to let me know if I have. #starterpack #CourtofProtection #COP go.bsky.app/THz8BHw

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Daniel Clark @clarkdaniel.bsky.social · 19/11/2024

This is one of the best chapters of Justice and the Politics of Difference. In my view it needs to be read alongside 'House and Home: Feminist Variations on a Theme', where Young discusses the interaction of social services with her, her mother, and her sister

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Reposted by Daniel Clark

Louise S @louises.bsky.social · 18/11/2024

Interesting piece on Joshua Rozenberg’s Substack about the private prosecution Reform MPs are bringing. If their supporters start copycat prosecutions for things they see on Facebook, there may be some nasty shocks if costs are awarded. rozenberg.substack.com/p/farage-goe...

rozenberg.substack.com

Farage goes to court

Reform UK have instructed private investigators to bring a prosecution

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Daniel Clark @clarkdaniel.bsky.social · 17/11/2024

'Another recalled: “I said: ‘Why’s the door locked?’ and they said: ‘Because you’ve been put on a three-month DoL order.’”' www.theguardian.com/society/2024...

theguardian.com

Fears grow over UK children at risk placed in illegal care homes

Rising number of vulnerable youngsters are being forced into unsuitable accommodation including Airbnbs, bedsits and caravans

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Reposted by Daniel Clark

Jo Wolff @jowolff.bsky.social · 13/11/2024

“The angel would like to stay, awaken the dead, and make whole what has been smashed. But a storm is blowing in from Paradise; it has got caught in his wings ..: The storm irresistibly propels him into the future.” Walter Benjamin On the Concept of History

Klee painting named ‘Angelus Novus’ shows an angel looking as though he is about to move away from something he is fixedly contemplating. His eyes are staring, his mouth is open, his wings are spread. This is how one pictures the angel of history. His face is turned toward the past. Where we perceive a chain of events, he sees one single catastrophe which keeps piling wreckage and hurls it in front of his feet. The angel would like to stay, awaken the dead, and make whole what has been smashed. But a storm is blowing in from Paradise; it has got caught in his wings with such a violence that the angel can no longer close them. The storm irresistibly propels him into the future to which his back is turned, while the pile of debris before him grows skyward. This storm is what we call progress.

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Charlie Radclyffe @charlierad.bsky.social · 15/11/2024

UK organisations and individuals helping "lay" people, ie non-legal professionals, understand and access the law #starterpack #law #lay #UK go.bsky.app/S7iL8BE

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Alison Harvey @aliromah.bsky.social · 14/11/2024

Just imagine if the extraordinary barristers who have left the criminal bar were suppported by decent renumeration and conditions to come back, enriched by their experience of other areas of law or other walks of life.

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