Source: All England Reporter
Publisher Citation: [2013] All ER (D) 20 (Jun)
Court: Court of Protection

Judge Cardinal

Representation Adam Fullwood for RC.
  Malcolm Chisholm for CC.
  Jennifer Oscroft for the authority.
Judgment Dates: 8 May 2013


Mental health - Court of Protection - Practice - Disclosure - Patient, CC, adopted as baby - Biological mother, RC, maintaining indirect contact for number of years before contact ceasing - RC making application to reintroduce indirect contact - Judge making declaration that there was reason to believe CC lacked capacity to make decisions concerning contact - Judge ordering psychological assessment - RC seeking disclosure of assessment and social work statements - Whether disclosure should be ordered - Court of Protection Rules 2007, .

The Case

Mental health Court of Protection. The Court of Protection made a limited order for disclosure in the course of proceedings brought by the biological mother of a 20 year old woman who had been adopted as a baby. The mother wished to resume indirect contact with her daughter who was learning disabled. The court gave guidance on disclosure in the Court of Protection.

Practice Areas

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