Court of Appeal says that people without mental capacity must be involved in legal proceedings about their liberty

16 Jun 2015 | by Caroline Sweeney

Stephen Cragg QC and Steve Broach acted for the Law Society of England and Wales  in this important case which considered the rights, to comply with Article 5 European Convention on Human Rights,  of incapacitated people to be formally involved as a “party” in proceedings in the Court of Protection which consider whether they can be deprived of their liberty. The Court of Appeal expressed the view that the President of the Court of Protection was wrong when he said that there would be circumstances in which the person concerned need not be joined to proceedings.