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Incompetent reports on the CoP

The mainstream media has failed to grapple with basic facets of the court, such as capacity, the definition of 'vulnerable', and right to die, writes Barbara Rich

12 January 2016

January 2016 marks the start of a pilot scheme that will increase public and media access to hearings in the Court of Protection - the court established under the Mental Capacity Act 2005 to make declarations about capacity and best interests decisions on behalf of adults who lack capacity. The court's rule that hearings are in private will be reversed, meaning hearings
will generally be public with anonymity orders to protect the privacy of those involved.
The scheme follows the Practice Guidance of January 2014 [2014] EWCOP B2, which authorised publication of important judgments of the court.

Public understanding

One purpose of the transparency measures is to improve public understanding of the court process and confidence in the court system. The court makes some momentous decisions about people's lives, and it is right that its workings and scope should be better understood.
In addition, non-lawyers often

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