Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles
Authors

VULNERABLE ADULT/ PUBLICITY: P v Independent Print Ltd [2011] EWCA Civ 756

Sep 29, 2018, 17:47 PM
Slug : 2011EWCACiv756
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 17, 2011, 10:41 AM
Article ID : 95463

(Court of Appeal; Ward, Carnwath and Tomlinson LJJ; 4 July 2011)

A media application to attend court of protection hearing. The child had severe epilepsy and was born into a severely dysfunctional family. After 11 foster placements, the child was placed with a carer at the age of 6. The carer adopted him after two years. There were persistent disputes between the carer, mother and medical professionals as to his condition and treatment. The carer mother withdrew all epilepsy medication and the now adult was admitted in emergency to hospital because of fits. Following this incident, proceedings began in the Court of Protection. The key issue whether the carer mother or authority should assume care of the adult.

The adult lacked capacity in relation to the litigation but expressed a strong desire to live with the carer mother. The adult was to attempt independent living, partly because he would have to do so eventually when carer mother died, but also because of the fear that he would revert to a pre-hospitalisation state. Contact with the carer mother was to continue, although with some limitations.

Regarding the issues as to whether the media should be permitted to attend the review hearing, the media failed to give any notice of application but the judge nonetheless permitted media attendance and reports of his judgments in both permission and substantive matters, with restrictions on identification of adult.  

Appeal dismissed. The judge was entitled to hear media application and took a sensible and pragmatic course. The court was not to give guidance as to how applications to be managed or whether there was a public interest in workings of the Court of Protection and removal of an adult from the carer mother's care was a good reason for making order.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from