Absent voices: Researching the role of P in the Court of Protection

Jaime Lindsey
Lecturer in Law, School of Law, University of Essex

In this blog post, Jaime Lindsey of the University of Essex School of Law explains her recent research on the Court of Protection, carried out in light of increased transparency and openness in this jurisdiction.

This article was originally published on the UKAJI – UK Administrative Justice Institute blog here, and is reproduced with permission.

Researching Participation in the Court of Protection

Participation by those at the centre of legal proceedings is a matter of justice. Whether it be court proceedings, mediation, ombudsman schemes or tribunals, participation of those at the centre of the case should be a priority. In many areas, participation is a well-established right. For example, in criminal law proceedings defendants are facilitated to participate and give evidence through special measures, and in the family context there have been strides towards improving participation for children. However, meaningful participation of those affected by proceedings has not taken hold across all jurisdictions. My research suggests that those subject to Court of Protection (CoP) litigation are routinely absent from proceedings and rarely give witness evidence. This finding also echoes much of the theoretical and anecdotal research on this issue.