HMCTS describes the work of the Court of Protection as making “decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’)“.
Hearings are, on the whole, open to the public but with strict reporting restrictions to prevent identification of the individuals concerned.
The Open Justice Court of Protection Project website is well worth a visit if you’d like more information about the court.
‘Let me talk about my partners death’ – Court of Protection told
The long-term partner of a man at the centre of Court of Protection proceedings has resisted an application made by his “very private” family to prevent details of the case from being reported following the impending expiry of reporting restrictions. Mr AB was a 43-year-old man who became incapacitated after suffering hypoxic brain damage following a…
Bedbugs at the Court of Protection
A deputy district judge has set directions to enable the court to consider whether a man’s bedroom should receive a bedbug fumigation. What was initially described as a “very complex and unusual matter” which would result in a “very serious infringement of P’s rights” proved to be shrouded in mystery as contrary to guidance that…
Court of Appeal told that Mother “is not a subject, she is a human being”
Three senior judges in London have dismissed an appeal brought by the daughter of an incapacitated woman whose medical treatment became the subject of court proceedings. A tweet explaining that the co-director of the Open Justice Court of Protection Project had been refused remote access to a hybrid hearing perked up my ears somewhat. And…
Inside the Court of Protection Rule Committee
After lengthy correspondence the Court of Protection Rule Committee have released their meeting minutes to the mouseinthecourt. The committee was described by the then vice-president Mr Justice Hayden as “the operational spine of the court”. They provide a fascinating insight not only into being able to see what was discussed but also conversely what isn’t.…
‘We know her best’ – family members disagree with the litigation friend
A judge in the Court of Protection has set directions for trial after a dispute emerged between a so-called ‘litigation friend’ and family members. This was a well-attended hearing with the front row consisting of barristers representing the Local Authority and P’s litigation friend, along with P’s daughter in law and her husband appearing in…
Court of Protection listing mishap leaves observers in dark
The Civil and Family Listing Manager at the Leeds Combined Court Centre has offered a “sincere apology” after “failings by this office did indeed deprive you of the opportunity to observe the hearing”. The hearing in question was before Court of Protection judge Mr Justice Poole and was part of a long running covert medication…
“I have to tell you something which may well come as a shock” says Court of Protection Judge
“I have to tell you something which may well come as a shock” is a sentence that no mother would wish to hear, and certainly not from a Judge when sat at a hearing in the imposing Royal Courts of Justice. What was revealed was a shock to me too. This Court of Protection hearing…
Siblings squabble over Deputyship at Court of Protection
Two feuding sisters have asked the Court of Protection to choose between them as manager of their fathers finances, after he lost capacity to look after them himself following a series of strokes. The court heard that Ms J, whose identity is protected by court order, applied to act as a so-called Property & Affairs…
Court authorises new start for man in supported living
At this attended hearing before District Judge Mark Mullins, the Court of Protection granted an application by the London Borough of Hackney that it is in a man’s best interests to reside in supported living accommodation. Barrister Lindsay Johnson, representing the local authority, was asked to give an introduction to the case. He told the…
Home-owning resident of 50-years faces intervention by Council
A man whose identity is protected by court order faced temporary removal from his home of 50-years at the Court of Protection earlier today to enable building work and medical treatment to be carried out. This attended hearing was before the Senior Judge of the Court of Protection HHJ Carolyn Hilder at First Avenue House. …
Court considers how to operate against patient’s will
“I don’t want the family to think I have made the decision as a paper exercise. The medical evidence is clear to me”. So said The Honourable Mr Justice Hayden, Vice President of the Court of Protection, as he explained that it was in a man’s best interests to have his lower leg amputated despite…
‘No Entry’ – Open Justice at the RCJ
“It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard.’” So reads the infamous line from The Hitchhiker’s Guide to the Galaxy to justify the assertion that the all-important plans had indeed been on public display. I…
A mother abroad and a family dispute – Part 2
Court report: 11th January 2021 @ The Court of Protection As a follower of the Open Justice Court of Protection Project on Twitter I took advantage of their daily publication of upcoming Court of Protection hearings and e-mailed in my request to observe a case. A previous hearing in this matter, held some 11 days…
Nagging doubt at the Court of Protection
Court Report: 7th January 2021 @ The Court of Protection before DJ Beckley “Rest assured absolutely everything that could have been said on your behalf was” – I recall these words directed at a defendant by a Judge of the Crown Court whilst handing down a rather hefty sentence. Indeed, both barristers had done a…
Open Justice at the not-so-secret Court
Court Report: 10/09/2020 @ The Family Court at Guildford (Heard Remotely) Followers of the ‘Open Justice Court of Protection Project’ will be aware that they do an excellent job in promoting public observation in what The Telegraph once called “the most secretive court in Britain”. The project publishes a daily list on their website highlighting…
Mouse in the Court 