UK Healthcare Law Blog

Procedurally unfair for a judge to visit P and not share the outcome with the parties say court of appeal Re AH [2021] EWCA  1768

The issue on appeal was regarding the practice of judges in the Court of Protection to visit the subject of proceedings, where it is not possible for the subject to join proceedings otherwise.

The Court’s answer was that there is a “pressing need for the CoP to develop some workable guidance for practitioners and judges in a manner similar to that which is available in the Family Court with regard to judges meeting with children who are subject to contested proceedings… Whilst the circumstances in a children case, and the reasons for any judicial encounter, may differ from those that apply in the CoP, the need for clarity of purpose and procedural fairness are likely to be the same”.

For the underlying facts, see the brief account at the end of this blog.

Click here to read the full blog post by Nageena Khalique QC.

 

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