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Out of sight

The Court of Protection should not be open to public scrutiny, says Fenella Morris

16 February 2012

The Court of Protection is charged with making intensely private decisions about persons who lack capacity. If it was not for the fact that a person lacks capacity, these decisions would be outside of the public domain.

With this in mind, there is no good reason why the media should generally be given access to Court of Protection proceedings, nor why they should generally be allowed to report them. The appropriate degree of public scrutiny of the Court of Protection can, as a rule, be achieved by the court process itself and the publication of anonymised law reports.

Uninvited audience

The mere presence of an uninvolved audience in the Court of Protection interferes with the right to privacy of the incapacitous person and their families. The Court of Appeal accepted in Independent News Media v A that the conduct of the affairs of incapa...

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