Lexis®Library update: This guidance has been formulated to establish clear procedure in which closed material and closed hearings fall to be considered in the Court of Protection, following the decision in Re A (Covert Medication, Closed Proceedings) [2022] EWCOP 44. The purpose of this guidance is to provide clarity as to the principles to be applied and considerations to be taken into account in the very limited circumstances under which such steps may be appropriate.
According to the guidance:
Closed hearings are hearings from which a party and (where the party is represented) the party’s representative is excluded by order of the court. For the avoidance of doubt, this is different to a 'private hearing,' which is a hearing at which all the parties are present (or represented), but from which members of the public and the press are excluded.
Closed material is material which the court has determined should not be seen by the party (and/or their representative).
The practice guidance applies to situations where an order may be made that a party is not to be told of the fact or outcome of a without notice application.
The guidance also outlines the considerations when ordering a closed hearing, procedural matters where an application for a closed hearing has been made and situations where a party is not to be told of the fact or outcomes of a without notice application. With regards to closing material, it considers the consequential steps during the currency of the proceedings.
Read the full guidance here.
Source: Guidance for the Court of Protection: 'Closed hearings' and 'closed material'
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 10 February 2023 and is published with permission. Further information can be found at: www.lexisnexis.co.uk.
