Court of Protection opened up to media

13 November 2009



The Court of Protection is to allow the media to attend hearings about a celebrity with severe learning difficulties. Members of the press will be able to sit in court during proceedings over whether a young man with an international reputation should have decisions made for him by others.

Family courts were opened up to the media this year, leaving the Court of Protection one of the few that still sits in private. The challenge to the right to attend hearings was brought by several newspapers, which said there was good reason for them to report on proceedings.

"Any intelligent member of the public drawn to these stories will appreciate both that A [the man in the case] must earn significantly and that he must be incapable of managing those earnings," said Lord Justice Hedley when giving judgment in the High Court. "That member of the public might therefore have a legitimate interest in knowing, given that proceedings have been instituted, how these matters are regulated."

Under the Human Rights Act, freedom of expression must be balanced against the right to privacy. Lawyers acting for the press argued that the principle of open justice should apply to cases of adults with impaired mental capacity where there is public interest.

Camilla James, Associate in the Private Client Team at B P Collins, commented: "This greater transparency over proceedings in the Court of Protection is welcome news - particularly for relatives who wish to understand how the Court makes its decisions."

If you require legal advice, for either your private affairs or organisation, please call Buckinghamshire based B P Collins Solicitors on 01753 889995, complete the online enquiry form or email enquiries@bpcollins.co.uk.

© Copyright