Court of Protection opens its doors

A new scheme allowing media access to Court of Protection hearings across England and Wales has been piloted, applying to new proceedings issued from now onwards. Hearings already scheduled under the old rules will not be changed but some urgent hearings will be fed through to courts.

The new Practice Direction will change the default position to allow public hearings with reporting restrictions to protect identities. This will mean both the media and public will be able to attend, unless an order has been made to exclude them. This applies to proceedings issued before 29^th January, where a further hearing becomes necessary since the new scheme.

The specialist Court makes decisions on the personal welfare including medical treatment, property and affairs of persons lacking capacity to make decisions themselves, applying a best interests test. The main base of the court is in London, and it also sits throughout England and Wales.

Court of Protection judgements have been published since 2010 including serious medical cases such as decisions to stop life support, are held in public with the identities kept anonymous. Committal hearings imposing custodial sentences are held in public.

Her Majesty’s Court’s and Tribunals Service (HMCTS) is amending the way court lists are displayed to allow media and members of the public to decide whether or not to attend the hearing, based on the short descriptor of the case. Lists will be published weekly in court buildings and at www.courtserve.net

The trial scheme is expected to run for at least six months across all regions with a possibility of extension, to allow changes to be fully tested. Ministry of Justice Analytical Services aims to understand how the trial had been implemented and how it works in practice, in accommodating press and the public in courtrooms, and publication or unwanted disruption because of the changes.

• The Court of Protection, established by the Mental Capacity Act 2005 is responsible for:
• Deciding whether someone has the mental capacity to make particular decisions for themselves,
• Appointing deputies to make ongoing decisions for people who lack mental capacity to do so
• Handling urgent or emergency applications which require an immediate decision on behalf of someone else
• Making decisions about lasting power of attorney or enduring power of attorney and considering any objections to the registration.
• Considering applications to make statutory wills or gifts,
• Making decisions about when someone can be deprived of their liberty under the Mental Capacity Act, dealing with around 25,000applications each year.

A large quantity of applications regarding property and affairs are not disputed and dealt with on paper without a hearing.

ENDS

This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice.  All content was correct at the time of publishing and we cannot be held responsible for any changes that may invalidate this article.