Court of Protection: Disclosure of Information

(asked on 23rd February 2026) - View Source

Question to the Ministry of Justice:

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.


Answered by
Baroness Levitt Portrait
Baroness Levitt
Parliamentary Under-Secretary (Ministry of Justice)
This question was answered on 4th March 2026

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.

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