People walking in corridor.

Media access to Court of Protection

12 January 2011. Published by Keith Mathieson, Partner

The Independent newspaper has won the right to attend and report on a case in the Court of Protection.

Its report of the ruling of Hedley J is here.   The Court of Protection is empowered to make decisions about the property, affairs, healthcare and personal welfare of adults who lack capacity.  It operates with a high degree of secrecy pursuant to Rule 90 of the Court of Protection Rules, which states that hearings must be held in private but also allows the court to permit certain persons to attend.  This case concerned a 25-year-old man with severe epilepsy over whose affairs the Court of Protection had taken control following disagreements between his mother and his local authority.  Earlier in 2010 The Independent had persuaded the Court of Appeal to permit access to a Court of Protection case involving an autistic and blind piano-playing prodigy called Derek Paravicini.

See further section 10.2 of the Privacy Law Handbook