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Written question asked by Lord Scriven (Liberal Democrat) on Monday, 23 February 2026, in the House of Lords. It was due for an answer on Monday, 9 March 2026. It was answered by Baroness Levitt (Labour) on Wednesday, 4 March 2026 on behalf of the Ministry of Justice.

Court of Protection: Disclosure of Information

Question

To ask His Majesty's Government what plans they have to review the use of transparency orders in the Court of Protection to ensure that such orders do not prevent families from seeking public accountability in cases where they allege that visiting rights have been disproportionately restricted by local authorities or private providers.

Answer

Court of Protection proceedings involve personal, sensitive matters and enable decisions to be made in the best interests of the person, who lacks the mental capacity to make those decisions themselves. The Government has no plans to review the use of transparency orders in the Court of Protection.

A transparency order in the Court of Protection restricts the publication and communication of information from proceedings. They support the principle of open justice by allowing Court of Protection hearings to be heard in public whilst protecting the privacy of vulnerable individuals.

The use of transparency orders is a matter for the judiciary. If the recipient believes an order is unfair, too restrictive, or no longer needed, they can apply to the court to vary it.

Secondary information

Type
Written question
Reference
HL14766
Session
2024-26
Subjects
Disclosure of information Accountability Prisons Court of protection Visits
Link
View this Written question on www.parliament.uk