Court of Protection to pilot default position of holding hearings in public

The Court of Protection could switch to a default position of holding hearings in public if a six-month pilot scheme to be held in all regions in England and Wales next year is considered a success, senior judges have said.

A practice direction made under rule 9A of the Court of Protection Rules 2007 (“CoPR”) provides for a pilot scheme for the holding of hearings to be in public pursuant to orders under Rule 92 with a standard order for restrictions on reporting to ensure the anonymity of those lacking capacity and, where appropriate, other persons. 


The practice direction will apply to hearings in all proceedings except applications relating to serious medical treatment (for which Practice Direction 9E makes specific provision) and applications for a committal order (for which rule 188 makes specific provision).


The pilot involves reversing the current approach where – with rare exceptions, such as serious medical cases – the vast majority of hearings are in private with only those directly involved in the case attending.  

The judiciary said the pilot scheme would provide evidence “to assess whether the Court should in future hold its hearings in private or in public and whether access should be given to the media but not the public”.

Her Majesty’s Courts and Tribunals Service will also amend the way in which court lists are displayed, so that they provide a short descriptor of what the case is about, allowing the media and members of the public to make an informed decision on whether to attend the hearing.

Sir James Munby, the President of the Court of Protection, said: “For the last six years accredited media have been able to attend Family Court cases and have been better informed about the work of the Family Court as a result. It is logical to look at extending this greater transparency to the Court of Protection, provided the right balance can be struck to safeguard the privacy of people who lack capacity to make their own decisions.”

Vice President of the Court of Protection Mr Justice Charles said: “I support a move towards more public hearings to promote a wider understanding of the work and approach of the Court of Protection and the improvement of the performance of the Court and those who appear in it.

“I am aware that others hold different views on whether hearings should generally be in public and hope that the pilot will provide useful evidence to weigh the rival arguments.”

Justice Minister Caroline Dinenage said: "I'm pleased that we are piloting a new more open, more transparent Court of Protection. It's right the public and the media should be able to see justice being done in this important court, while protecting the privacy of the people involved."

The practice direction was put together by the Court of Protection Rule Committee and the Ministry of Justice.

The pilot, which will begin in January 2016, could be extended beyond the original six months if this is deemed necessary.

More information can be found here on the Courts and Tribunals Judiciary’s website.