P, Official Judicial Visits to (Guidance) [2022] EWCOP 5 (10 February 2022)

P, Official Judicial Visits to (Guidance) [2022] EWCOP 5 (10 February 2022)

Judicial visits to P, whether remote or in-person, should be considered on a case-by-case basis, guided by the principles of participation under the Mental Capacity Act 2005, with practical arrangements tailored to P's needs and circumstances. The process is suggestive, not prescriptive, and must be adapted to the facts of each case, with an emphasis on dignity, participation, and procedural fairness.

Citation
[2022] EWCOP 5
Parties
Judge: The Honourable Mr. Justice Hayden; Judge: The Hon Mr Justice Charles
Jurisdiction
England and Wales
Judgment Date
10 February 2022
Procedural Posture
Guidance/practice Direction / Issuance of Practical Guidance
Outcome
Guidance issued and supplemented; not a determination of a dispute.
Legal Topics
Judicial Visits, Participation of P, Vulnerable Parties, Best Interests Decision Making, Remote Hearings
Mental Capacity Court of Protection Judicial Visits Participation of P Vulnerable Parties Best Interests Decision Making Remote Hearings

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Parties

The Honourable Mr. Justice Hayden

Judge

The Hon Mr Justice Charles

Judge

Procedural Posture

Guidance/practice Direction / Issuance of Practical Guidance

Legal Issues

  1. 1 How should judicial visits to 'P' be conducted to enhance participation in Court of Protection proceedings?
  2. 2 What principles and practical steps should guide judicial meetings with 'P', especially in light of remote technology and the pandemic?
  3. 3 How can the participation of 'P' and vulnerable persons be facilitated in court processes?

Ratio Decidendi

Judicial visits to P, whether remote or in-person, should be considered on a case-by-case basis, guided by the principles of participation under the Mental Capacity Act 2005, with practical arrangements tailored to P's needs and circumstances. The process is suggestive, not prescriptive, and must be adapted to the facts of each case, with an emphasis on dignity, participation, and procedural fairness.

Court Disposition

Guidance issued and supplemented; not a determination of a dispute.

Orders

  • 2016 guidance reissued and supplemented with updated practical suggestions for judicial visits to P, including remote visits.
  • Parties are to provide information to the court regarding the necessity and practicalities of a judicial visit to P.