'Closed Hearings' and 'Closed Material': Guidance

'Closed Hearings' and 'Closed Material': Guidance

Closed hearings and closed material are only permissible in the Court of Protection where strictly necessary, as a last resort, and subject to rigorous procedural safeguards and ongoing review to protect the rights of all parties, especially P.

Parties
N/a: N/A (Practice Guidance)
Jurisdiction
England and Wales
Judgment Date
06 February 2023
Procedural Posture
Practice Guidance / Issuance of Guidance
Outcome
Practice guidance issued
Legal Topics
Closed Hearings, Closed Material, Open Justice, Disclosure, Without Notice Applications
Court of Protection Civil Procedure Human Rights Closed Hearings Closed Material Open Justice Disclosure Without Notice Applications

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Parties

N/A (Practice Guidance)

N/a

Procedural Posture

Practice Guidance / Issuance of Guidance

Legal Issues

  1. 1 When and how closed hearings and closed material may be used in the Court of Protection
  2. 2 Procedural safeguards for excluding parties or withholding material
  3. 3 Balancing open justice with protection of P's rights

Ratio Decidendi

Closed hearings and closed material are only permissible in the Court of Protection where strictly necessary, as a last resort, and subject to rigorous procedural safeguards and ongoing review to protect the rights of all parties, especially P.

Court Disposition

Practice guidance issued