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Are young people losing their freedom because of Deprivation of Liberty Orders?

Are young people losing their freedom because of Deprivation of Liberty Orders?

by Guest Post | Apr 6, 2025 | Comment, Court of Protection, FCReportingWatch

This is a guest post by Victoria Butler Cole KC. Victoria is a barrister at 39 Essex and you can find her on Bluesky @torbc.bsky.social. The BBC recently published an article about the experiences of a young woman who had spent time in a range of placements including...
Serious medical treatment – the importance of the public record

Serious medical treatment – the importance of the public record

by Guest Post | Apr 25, 2024 | Cases, Court of Protection

This is a guest post by Alex Ruck Keene KC (Hon) reproduced with his permission from the Mental Capacity Law and Policy blog. In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance on the publication of...
Contempt of court – yet more confusion and inconsistency over naming of guilty party

Contempt of court – yet more confusion and inconsistency over naming of guilty party

by Paul M | Aug 1, 2023 | Comment, Court of Protection, Explanation

Yet again a judgment in a contempt of court case has revealed problems around transparency and open justice. The case is Esper v NHS North West London Integrated Care Board [2023] EWCOP 29; [2023] WLR(D) 300, and is a decision of Mr Justice Poole. This case has also...
Closed hearings in the Court of Protection: under-scrutiny?

Closed hearings in the Court of Protection: under-scrutiny?

by Paul M | Mar 24, 2023 | Comment, Court of Protection, Transparency News

The Court of Protection will, on rare occasions, not only hear a case in private but do so without telling one of the parties or their representatives, even after it’s happened. This is known as a ‘closed’ hearing. The court has power to do so under the Court of...
Transparency in the Family Courts and the Court of Protection: what are the differences?

Transparency in the Family Courts and the Court of Protection: what are the differences?

by Paul M | Mar 2, 2023 | Comment, Court of Protection, Legal blogging, Reporting Pilot, Transparency News

With the recent launch of the Transparency Reporting Pilot in the family courts, there may be a risk of confusion over some of the terminology, such as “Transparency Orders”, already used in the Court of Protection, and misunderstanding over the role of “legal...

Transparently clunky – Mostyn J and transparency orders before the Court of Protection

by Guest Post | Aug 10, 2022 | Analysis, Court of Protection, Explanation

This is a guest post by Alex Ruck Keene, reposted with permission from the Mental Capacity Law and Policy blog. In Re EM [2022] EWCOP 31, Mostyn J expressed a number of concerns about the transparency order made in the case before him by Keehan J, in ‘broadly...
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