Module 7
Transparency Orders & Legal Rules
Court of Protection hearings are usually open to the public, but the person at the centre is protected by anonymity. Getting this wrong can cost you the case — and your liberty.
Why hearings are open
Open justice means hearings are not held in secret: members of the public can generally see how decisions about people's lives are made. Since the transparency pilot, most Court of Protection hearings are held in public — but almost always subject to an order protecting identities.
That balance protects two things at once: public scrutiny of the state, and the privacy and dignity of a person who cannot consent to being written about.
What a transparency order forbids
- • Naming or identifying P, or their family members, publicly.
- • Naming the care home, hospital, unit or the staff involved.
- • Publishing any document filed in the proceedings, in whole or in part.
- • Sharing anything in a Facebook group, WhatsApp broadcast, TikTok or podcast.
- • "Jigsaw" detail — a town plus a diagnosis plus a date can identify someone.
Breaching a is . It can mean a fine, a suspended sentence, or imprisonment — and it damages how the judge views your evidence in the case you are trying to win.
What you can still do
- Talk to your own support network. The order restricts publication, not private conversations with your family, advocate or lawyer.
- Speak to an MP. Raising a constituent case with your MP is normally permitted — check the wording of your order.
- Campaign on the issue. You can argue for better community provision, against inappropriate hospital placements, or for training reform — without your case details.
- Ask the court to vary the order. Parties to the case can apply to the court to change what the order allows. Some families have applied successfully to be named.
Stay-safe checklist
0 of 9 doneThe Open Justice Court of Protection Project
The Open Justice Court of Protection Project is a volunteer-run project that encourages ordinary people — families, students, professionals — to observe Court of Protection hearings and write about what open justice looks like in practice. Members of the public can ask to attend most hearings remotely, and the project publishes accessible blog posts explaining what happened in real cases (always within the anonymity rules).
Why it helps families
- You can watch a hearing before your own so the language, pace and format are familiar.
- Their blog posts show how judges weigh P's wishes and best interests.
- You can see how families, the Official Solicitor and public bodies actually speak in court.
- It reminds everyone in the room that decisions about people's lives are being watched.
How to observe a hearing
- Find a hearing on the daily court lists (CourtServe or the court's list).
- Email the court office or hearing clerk in advance asking to observe, giving your name and the case number.
- Join on time, camera off, microphone muted, and do not record anything.
- Take notes for yourself only — the transparency order still binds you as an observer.
Important: observing is not the same as reporting. Never publish anything that could identify P, the family, the placement or the professionals unless the order allows it. If you want to write about a hearing, follow the project's guidance first.