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Greater Court of Protection transparency comes into force

The Court which presides over highly sensitive matters, such as whether serious medical treatment should be given or withheld or resolving disputes over who should act as a deputy or attorney for a vulnerable individual, will become increasingly transparent from 3rd February under new regulations.

The Court of Protection (CoP), often referred to as ‘the secret Court’, will start to publish more cases in a bid to both secure greater public confidence in its decisions and provide a greater understanding of the Court process.

Neil Davies, Court of Protection specialist at Linder Myers Solicitors commented: “This is a significant move and means that more of the decisions made relating to both the financial and personal welfare of vulnerable individuals will be in the public domain and the judgements made in these matters will come under greater scrutiny as a result. The primary objective of the Court of Protection is to act in the best interests of those who lack the mental capacity to make important decisions for themselves and the value of its role cannot be underestimated.

“While the Court commits to being more open by publishing previously confidential matters, the decisions regarding the level of detail allowed for publication will be made on a case by case basis in order to successfully balance the best interests of the individual in question with that of the wider public.”

In existence since 1339, the Court has been known as the Court of Protection since 1947 and makes decisions on thousands of applications each year, predominantly relating to the property and financial affairs of vulnerable people.

Linder Myers’ highly experienced Court of Protection team of specialists advise on a range of matters from acting as independent deputies to helping resolve disputes regarding an individual’s ability to manage their own affairs or challenging the appointment of a deputy if the best interests of the vulnerable party is in question.

Ends

Find out more about our Court of Protection department
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