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Open Justice Court of Protection Project

Jul 1, 2022 • 25 tweets • 18 min read • Read on X

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@CourtServe

Bringing you a Daily Hidden Hearing for July!

These are hearings that should be in the COP list on @CourtServe but are instead hidden in daily cause lists across England and Wales.

Not good for open justice @HMCTSgovuk

Today's hidden hearing is in Derby.

@CourtServe

Bringing you a Daily Hidden Hearing for July

These are hearings that should be in the COP list on @CourtServe but are instead hidden in daily cause lists across England and Wales.

Not good for open justice @HMCTSgovuk

The hidden hearing for 4th July is in Gloucester.

@CourtServe

3

Bringing you a Daily Hidden Hearing for July

Hearings that should be in COP list on @CourtServe
but are hidden in daily cause lists across England and Wales.

Not good for open justice @HMCTSgovuk

The hidden hearing for 5th July is in Liverpool - and there are THREE!

@CourtServe

4/

Bringing you a Daily Hidden Hearing for July

Hearings that should be in COP list on
@CourtServe

But are hidden in daily cause lists across England and Wales.

Not good for open justice!

The hidden hearing for 6th July is ... CARDIFF - and there are 2!

@HMCTSgovuk

For the month of July, we're bringing you (at least) one hidden hearing a day.

Hearings that should be in the COP list on CourtServe but are not. They're hidden away in county court daily cause lists.

It's a public service to promote #openjustice.

You're welcome @HMCTSgovuk

@HMCTSgovuk

6/

In July, we're bringing you (at least) one hidden hearing a day.

Hearings that should be in the COP list on CourtServe but are not. They're hidden away in county court daily cause lists.

It's a public service to promote #openjustice.

You're welcome @HMCTSgovuk

@HMCTSgovuk

7/
In July, we're bringing you a hidden hearing a day.

Hearings that should be in the COP list on CourtServe but are not.They're hidden away in county court daily cause lists.

It's a public service to support @HMCTSgovuk
to implement the judicial commitment to #openjustice.

@HMCTSgovuk

8/

For the month of July, we're bringing you (at least) one hidden hearing a day

Hearings that should be in the COP list on CourtServe but are not. They're hidden away in county court daily cause lists

It's a public service to promote #openjustice.

You're welcome
@HMCTSgovuk

@HMCTSgovuk

@HMCTSgovuk 9/

In July, we're bringing you (at least) one hidden hearing a day.

Hearings that should be in the COP list on CourtServe but are not.

They're hidden away in county court daily cause lists.

It's a public service to support @HMCTSgovuk
with #openjustice.

You're welcome.

@HMCTSgovuk

@HMCTSgovuk Dismayed to find a hidden hearing today before one of the most senior judges in the Court of Protection. It was in the Daily Cause list for "Teesside" + only only found it by accident, looking for the Daily Hidden Hearing.

@HMCTSgovuk

10/

For the month of July, we're bringing you (at least) one hidden hearing a day

Hearings that should be in the COP list on CourtServe but are not. They're hidden away in county court daily cause lists

It's a public service to promote #openjustice

You're welcome @HMCTSgovuk

@HMCTSgovuk

@HMCTSgovuk 11/

Not just "hidden" but "secret".

Two hearings in Medway County Court that don't appear on any published list.

Not the COP list.

Not the Daily Cause list for the court

I only found out about them through a party in the 3pm one + help of court staff tracking it down.

@HMCTSgovuk

12/

For the month of July, we're bringing you (at least) one hidden hearing a day

Hearings that should be in the COP list on CourtServe but are not. They're hidden away in county court daily cause lists

It's a public service to promote #openjustice

You're welcome @HMCTSgovuk

@HMCTSgovuk

13/

For the month of July, we're bringing you (at least) one hidden hearing a day

Hearings that should be in the COP list on CourtServe but are not. They're hidden away in county court daily cause lists

It's a public service to promote #openjustice

You're welcome @HMCTSgovuk

14/

For the month of July, we're bringing you (at least) one hidden hearing a day

Hearings that should be in the COP list on CourtServe but are not. They're hidden away in county court daily cause lists

It's a public service to promote #openjustice

@HMCTSgovuk

15/

For the month of July, we're bringing you (at least) one hidden hearing a day

Hearings that should be in the COP list on CourtServe but are not. They're hidden away in county court daily cause lists

It's a public service to promote #openjustice

You're welcome @HMCTSgovuk

@HMCTSgovuk

16/

For the month of July, we're bringing you (at least) one hidden hearing a day.

Today it's in Medway

A hearing that should be in the COP list on CourtServe but is not.

This is a public service to promote #openjustice

You're welcome @HMCTSgovuk

@HMCTSgovuk

17/

For the month of July, we're bringing you (at least) one hidden hearing a day.

Today it's in York (again)

A hearing that should be in the COP list on CourtServe but is not.

This is a public service for #openjustice

You're welcome @HMCTSgovuk

@HMCTSgovuk

18/

For the month of July, we're bringing you (at least) one hidden hearing a day.

It took 20 seconds to find today's hidden hearing. It's repeat offender, York - AGAIN.

Why is York declining to put COP hearings in the COP list @HMCTSgovuk

This is bad for #openjustice

@HMCTSgovuk

For July, we're bringing you (at least) one hidden hearing a day.

I found York's hidden hearing today very quickly so went on scrolling through the lists for more.

Here's a hidden hearing in Truro

It should be in the COP list on CourtServe but is not.
@HMCTSgovuk

@HMCTSgovuk

For July, we're bringing you (at least) one hidden hearing a day.

Today we're bringing you a bonanza of hidden hearings: York, Truro and now - LOOK! - seven hearings hidden in the Swindon Daily Cause list.

Can you fix hidden hearings please @HMCTSgovuk

@HMCTSgovuk

For July, we're bringing you (at least) one hidden hearing a day.

Today's is not technically a "hearing" - it's to be decided on the papers - but the principle is the same: it should be in the COP list.

Can you fix hidden listings please @HMCTSgovuk

@HMCTSgovuk

@HMCTSgovuk

Another hidden hearing for the month of July - this time in Worcester. One of the hearings in Worcester was in the COP list in CourtServe. The other one wasn't - it was hidden in the Worcester Daily Cause list. Why does this happen + can you fix it please @HMCTSgovuk

Residence,contact,sex for older P in care home - s.21A application

We nearly didn't list it because it's a hidden hearing

2.30 on 29 July
Ask for hearing before DJ Gibson COP 13932675 Worcester (via Teams)

courtofprotection.birmingham.countycourt@justice.gov.uk 01212506395

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More from @OpenJusticeCoP

Open Justice Court of Protection Project

@OpenJusticeCoP

Nov 14, 2022

@HMCTSgovuk

🧵

1/

Every six weeks or so, we step back and take a look at how the Court of Protection is doing in relation to open justice and transparency. Here's our assessment for 14th November listings and the last six weeks of observation. @HMCTSgovuk

2/

We've added another 2 Key Performance Indicators (KPIs) since last time.

They still represent a fairly modest collection of requirements for us to be able to support the judicial commitment to #openjustice and transparency in the Court of Protection.

@HMCTSgovuk

@HMCTSgovuk 3/

So how well did the Court of Protection do in meeting the Key Performance Indicators (KPIs) today?

Spoiler: Not very well at all. But there's room for optimism. The pattern of success and failure makes clear there's one obvious solution! @HMCTSgovuk

Follow this thread!

Read 45 tweets

Open Justice Court of Protection Project

@OpenJusticeCoP

Sep 20, 2022

🧵Transparency

1/

Once a month or so, we look systematically at COP listings in Courtel/CourtServe (the publicly available listing service for the courts) to check how well they support transparency + open justice.

Here's September's analysis

Some good news

Some bad.

2/

We've kept our ambitions for the listings realistically modest.

We're only asking that COP hearings are in the COP list, make clear the public can observe, tell us whether a hearing is remote/hybrid/in-person, supply contact details + some info on what the hearing is about.

3/

So here's what the COP list in Courtserve looks like (the pic on the left)

CourtServe is free to access (you just have to register ) + it's the main way we find out about hearings, across all the courts (not just COP).

You can access it here: courtserve.net

Read 30 tweets

Open Justice Court of Protection Project

@OpenJusticeCoP

Jul 31, 2022

A thread 🧵

Towards the end of every month we do a systematic overview of the listings for just one day, to see to what extent they successfully implement the judicial commitment to open justice.

Here's today's assessment.

2/

We're developing Key Performance Indicators (KPIs) for the Court of Protection's implementation of open justice.

So far, we have 5 rather basic FPIs without which we don't think open justice is possible. (Lawyers aren't disagreeing with us).

Surely these are achievable?

3/

So this thread reports a systematic review of COP hearings listed in CourtServe for 1st August 2022.

I'll assess what I found against the 5 KPIs we've identified as key to open justice.

I've also been working with court staff to support this + am grateful for their efforts.

Read 25 tweets

Open Justice Court of Protection Project

@OpenJusticeCoP

Feb 27, 2022

Why does the Open Justice Court of Protection Project make its own lists of hearings?

Can't members of the public rely on the lists the Court publishes: lists from the Royal Courts of Justice, First Avenue House and CourtServe?

It's a lot of work - here's why we do it.

One very important reason is that the published lists 'hide' some hearings by listing them in the wrong place.

Other hearings never appear on the court-published lists: they're effectively 'secret'.

'Hidden' and 'secret' hearings are a massive problem for open justice.

This thread focuses CourtServe, which was clearly never developed with the idea that members of the public would use it to identify hearings to observe.

It's supposed to list ALL the Court of Protection hearings in the county courts every day, under
"Court of Protection" tab.

Read 17 tweets

Open Justice Court of Protection Project

@OpenJusticeCoP

Nov 25, 2021

Judgment from Court of Appeal re AH

judiciary.uk/judgments/re-a…

Hayden J said it was not in AH's BI to continue to receive ventilation.

LJ Moylan gave main judgment: "I have, very regrettably, come to the conclusion that the Judge's decision cannot stand+must be set aside"

There were 5 grounds of appeal. Only one was upheld - the concern about the Judge's visit to AH in hospital after the hearing was finished + before he handed down his judgment.

First ground of appeal: that judge gave insufficient attention to AH's earlier capacitous decision on ReSPECT form that she wanted "full escalation" .

But this applies only to "emergency" treatment + current situation is "very far from an emergency".

Read 15 tweets

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