07/02/2023

  • There are some circumstances where there may be a concern for P’s information to be shared with all parties in Court of Protection proceedings.

    This might arise where there are concerns about coercion, control or abuse – and that sharing information will raise (or add to) a safeguarding concern (scenario one).

    In other cases, there may be a concern that information being given to a participant in the proceedings will (or will risk) the best interest decisions for P being frustrated (scenario two).

    Or, it may simply be that P has previously expressed a wish (with or without capacity) for information not to be so shared (scenario three).

    In this session, Sam Karim KC of Kings Chambers considered:

    • What are P’s Article 8 rights to privacy?
    • Understanding the other participant’s Article 6 rights to a fair process in the Court of Protection;
    • How does the Court balance these competing rights, in the context of keeping P’s best interests central?
    • What procedural steps might the Court take in scenarios one – three?
    • A brief case summary of Re A (Covert Medication: Closed Proceedings)

    Sam Karim KC represented the Official Solicitor in the recent case of Re A (Covert Medication: Closed Proceedings) [2022] EWCOP 44 where the Court conducted dual open and closed proceedings in a scenario two matter.

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