AB (Court of Protection: Police Disclosure)

AB (Court of Protection: Police Disclosure)

The psychological reports are not relevant to the police investigation as they do not address AB’s capacity to access the internet and social media during the period of the alleged offences (2017 and 2018). The importance of confidentiality and frankness in Court of Protection proceedings outweighs the public interest in disclosure in this case.

Parties
Applicant: AB; Respondent: A Police Force; Respondent: WLCCG
Jurisdiction
England and Wales
Judgment Date
22 October 2019
Procedural Posture
Court of Protection Application / Judgment on Police Application for Disclosure of Psychological Reports
Outcome
Application for disclosure refused
Legal Topics
Disclosure of Court Documents, Capacity Assessment, Police Investigation, Confidentiality in Court of Protection
Mental Capacity Law Criminal Law Disclosure Disclosure of Court Documents Capacity Assessment Police Investigation Confidentiality in Court of Protection

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Parties

AB

Applicant

A Police Force

Respondent

WLCCG

Respondent

Procedural Posture

Court of Protection Application / Judgment on Police Application for Disclosure of Psychological Reports

Legal Issues

  1. 1 Whether psychological reports relating to AB should be disclosed to the police for use in a criminal investigation
  2. 2 Whether the reports are relevant to the police investigation into alleged offences committed by AB in 2017 and 2018

Ratio Decidendi

The psychological reports are not relevant to the police investigation as they do not address AB’s capacity to access the internet and social media during the period of the alleged offences (2017 and 2018). The importance of confidentiality and frankness in Court of Protection proceedings outweighs the public interest in disclosure in this case.

Court Disposition

Application for disclosure refused

Orders

  • No disclosure of the psychological reports to the police