KENT COUNTY COUNCIL v P

KENT COUNTY COUNCIL v P

The balance of interests favours allowing the press to report and the public to attend the proceedings, subject to reporting restrictions to protect P's anonymity. The risk of harm to P's privacy and any impact on future criminal proceedings is limited and outweighed by the public interest in transparency and...

Source-derived case information.

Parties
Applicant: Kent County Council; First Respondent: P (by her litigation friend, the Official Solicitor); Second Respondent: NHS Kent and Medway Commissioning Group (formerly NHS South Kent CCG)
Jurisdiction
England and Wales
Judgment Date
04 February 2022
Procedural Posture
Court of Protection / Interlocutory Judgment on Public Access and Reporting
Outcome
Application to continue private hearings and bar press/public refused; public and press allowed subject to reporting restrictions.
Legal Topics
Openness of Court Proceedings, Reporting Restrictions, Article 8 ECHR (privacy), Article 10 ECHR (freedom of Expression), Deprivation of Liberty, Best Interests, Criminal Investigation Overlap
Mental Capacity Human Rights Civil Procedure Openness of Court Proceedings Reporting Restrictions Article 8 ECHR (privacy) Article 10 ECHR (freedom of Expression) Deprivation of Liberty +2 more

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Summary, issues, holding and outcome

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Parties

Kent County Council

Applicant

P (by her litigation friend, the Official Solicitor)

First Respondent

NHS Kent and Medway Commissioning Group (formerly NHS South Kent CCG)

Second Respondent

Procedural Posture

Court of Protection / Interlocutory Judgment on Public Access and Reporting

Legal Issues

  1. 1 Whether the public and press should be admitted to Court of Protection proceedings concerning P
  2. 2 Whether the judgment should be published
  3. 3 Whether reporting restrictions are sufficient to protect P's rights

Ratio Decidendi

The balance of interests favours allowing the press to report and the public to attend the proceedings, subject to reporting restrictions to protect P's anonymity. The risk of harm to P's privacy and any impact on future criminal proceedings is limited and outweighed by the public interest in transparency and scrutiny of the justice system.

Court Disposition

Application to continue private hearings and bar press/public refused; public and press allowed subject to reporting restrictions.

Orders

  • Press may report the proceedings subject to an order protecting P's anonymity.
  • The public may attend future hearings.