‘Secrecy’ in the Court of Protection

‘Secrecy’ in the Court of Protection


The Court of Protection hears cases relating to some of the most morally and politically contentious issues of our day and about some of the most excluded and silenced people in our society.  It is surely a good sign that the media, MPs and campaigners are sufficiently concerned about their plight that they take such an interest in this court’s new jurisdiction under the Mental Capacity Act 2005 (MCA).  Yet there is a difficult balance to be drawn between protecting the privacy of the individuals and families at the heart of these cases, and ensuring that the wider democratic objective of transparency in our justice system is met.  The Court of Protection is frequently described in the media as ‘secretive’, yet according to its judges this is an ‘old shibboleth’ which should be laid to rest.  Despite judicial efforts to permit greater media access and reporting, the reality is that the Court of Protection does not function like other courts, and information about its activities is still relatively limited.