At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife. Continue reading
The International Forum for Responsible Media Blog
Tag: Court of Protection
In the case of V v Associated Newspapers Ltd ([2016] EWCOP 21) the Court of Protection ruled that where a court has restricted the publication of information during proceedings that were in existence during a person’s lifetime, it has not only the right but the duty to consider, when requested to do so, whether that information should continue to be protected following the person’s death. Continue reading
The last few years have seen a gradual process of opening up the Family Courts to greater public scrutiny, partly to comply better with the principle of open justice (that “justice must not only be done, but must be seen to be done”) and partly to dispel the notion that justice administered in private hearings must have something to hide and cannot be fully accountable. Continue reading
The Court of Protection (“CoP”) has just announced its first pilot project: on transparency. The pilot project will reverse the presumption in the Court of Protection Rules 2007 that hearings are heard in private. Continue reading
The Court of Protection was established by the Mental Capacity Act 2005 to make decisions about the care and treatment of people who lack mental capacity because of conditions like dementia, or have learning disabilities or mental health problems. These cases often encompass socially and politically sensitive issues. Continue reading
In the case of Re G (Adult) (Associated Newspapers Limited intervening) ([2014] EWCOP 1361) Sir James Munby, President of the Court of Protection ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Capacity Act. Continue reading
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