Kent County Council v P & Anor [2022] EWCOP 3
Kent County Council v P & Anor [2022] EWCOP 3.
Court of Protection rules that health and welfare proceedings should be opened to the public despite ongoing police investigations into neglect and abuse of P.
The local authority, Official Solicitor and the Police argued that proceedings should remain private to protect P from distress caused by public knowledge of her case and to prevent prejudice being caused to future criminal proceedings. Lieven J considered that, in the circumstances of the case, P could be adequately safeguarded from public scrutiny and reporting and that the Article 10 rights of the press and the legitimate interests of the public justified any interference with P’s Article 8 rights. She further considered that the risk of prejudice to any criminal trial was notional rather than real.
A copy of the full judgment can be accessed here: https://www.bailii.org/ew/cases/EWCOP/2022/3.html
Katharine Elliot acted for Kent County Council.