Practice Guidance (Transparency in the Court Of Protection) [2014] EWCOP B2 (16 January 2014)

Practice Guidance (Transparency in the Court Of Protection) [2014] EWCOP B2 (16 January 2014)

Judges in the Court of Protection must ordinarily permit publication of judgments in specified categories of cases, subject to anonymisation to protect the privacy of the incapacitated person and their family, unless there are compelling reasons not to publish. In other cases, publication may be permitted upon application and judicial approval, with the same considerations for privacy and public interest.

Citation
[2014] EWCOP B2
Parties
President of the Court of Protection: Sir James Munby
Jurisdiction
England and Wales
Judgment Date
16 January 2014
Procedural Posture
Practice Guidance / Issuance of Guidance
Outcome
Practice Guidance issued; immediate change in publication practice mandated.
Legal Topics
Transparency, Publication of Judgments, Anonymity, Media Access, Open Justice
Family Law Court of Protection Judicial Administration Transparency Publication of Judgments Anonymity Media Access Open Justice

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Parties

Sir James Munby

President of the Court of Protection

Procedural Posture

Practice Guidance / Issuance of Guidance

Legal Issues

  1. 1 Whether and under what circumstances judgments of the Court of Protection should be published
  2. 2 How to balance transparency with privacy and anonymity of vulnerable individuals

Ratio Decidendi

Judges in the Court of Protection must ordinarily permit publication of judgments in specified categories of cases, subject to anonymisation to protect the privacy of the incapacitated person and their family, unless there are compelling reasons not to publish. In other cases, publication may be permitted upon application and judicial approval, with the same considerations for privacy and public interest.

Court Disposition

Practice Guidance issued; immediate change in publication practice mandated.

Orders

  • From 3 February 2014, judgments in the Court of Protection delivered by specified judges must be published in certain categories of cases unless compelling reasons exist not to publish.
  • Judgments must be anonymised to protect the privacy of the incapacitated person and their family unless otherwise ordered.