The problems in the Family Division (and I include the Court of Protection in this) have arisen because individual judges have been left to just get on with it. Some do a good job and others do a dreadful job (and of course there are those in between). The Rule of Law is supposed to mean that it should not matter which judge a case is heard by. However, things don't work like that in practise.
The biggest issue for the court of protection is actually the question as to how reliable the assessments of capacity are. It is driven by this.
Alistair Pitblado (the Official Solicitor) has also managed to escape scrutiny. His office have a responsibility of protecting the interests of contemnors. He won't answer any questions I ask him about individual cases, but I wonder what his office did about the jailing of Wanda Maddocks.
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