Senior judge calls for media access to Court of Protection

The most senior judge at the Court of Protection has come out in favour of allowing media access, subject to reporting restrictions.

Denzil Lush told The Times: “I don’t have a problem with the media being present. There would, however, have to be anonymity for the vulnerable elderly people involved, the details of whose financial affairs were being exposed. I don’t think they would want that all over the newspapers.”

He added: “Probably there should be a change in emphasis, to bring the Court of Protection in line with the family courts.”

The judge also warned that abuse of the mentally vulnerable was on the increase, and this type of case amounted to 10-15% of its workload.

Lush’s comments come a month after the President of the Family Division, Sir Mark Potter, announced a review of the way the Court of Protection operates after complaints about its practice and procedure and because of its higher than expected caseload.

The ad-hoc committee conducting the review is being chaired jointly by Mr Justice Charles and Mrs Justice Proudman and will be made up of members of the legal profession and other court users.

The Times also reported that a test case is imminent over media access to the court, relating to a hearing involving a severely disabled adult. Mr Justice Hedley granted permission in November for the media to attend hearings, but the Official Solicitor is calling for them to remain private, the newspaper said.