Sharing P’s information and the participation of others in Court of Protection proceedings

Following this webinar, the Court has published some relevant guidance:

Guidance on Closed Hearings and Closed Materials – Mr Justice Hayden – February 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.