'Closed Hearings' and 'Closed Material': Guidance [2023] EWCOP 6 (06 February 2023)
Closed hearings and closed material in the Court of Protection are permissible only in rare, strictly necessary circumstances, subject to procedural safeguards, ongoing review, and transparency requirements, to balance open justice and protection of P's interests.
Source-derived case information.
- Citation
- [2023] EWCOP 6
- Parties
- Judge: The Hon Mr Justice Hayden
- Jurisdiction
- England and Wales
- Judgment Date
- 06 February 2023
- Procedural Posture
- Practice Guidance / Issuance of Guidance
- Outcome
- Guidance issued
- Legal Topics
- Closed Hearings, Closed Material, Open Justice, Disclosure, Case Management, Best Interests, ECHR Article 6
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Hon Mr Justice Hayden
Judge
Procedural Posture
Practice Guidance / Issuance of Guidance
Legal Issues
- 1 When and how closed hearings and closed material may be used in the Court of Protection
- 2 Balancing open justice with protection of P's interests
- 3 Procedural safeguards for excluding parties or withholding material
Ratio Decidendi
Closed hearings and closed material in the Court of Protection are permissible only in rare, strictly necessary circumstances, subject to procedural safeguards, ongoing review, and transparency requirements, to balance open justice and protection of P's interests.
Court Disposition
Guidance issued
Orders
- Establishes procedural requirements and principles for closed hearings and closed material in the Court of Protection
- Mandates reasoned judgments and ongoing review of necessity for closed procedures
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