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)  EWCOP 44 where the Court conducted dual open and closed proceedings in a scenario two matter.