The Court of Protection - the last Star Chamber - 14/05/2010

The battle to report on the decisions and activities of the Court of Protection has been won by the press. The Court of Protection was created under the Mental Capacity Act 2005 to protect and control the affairs of individuals who lack the mental capacity to make their own decisions. In such cases the Court decides who should be appointed to make decisions, in the absence of a Lasting Power of Attorney. The need to apply to the Court of Protection often arises when a person is unexpectedly mentally impaired through accident or illness. The Court may feel that the individual has no suitable relatives or friends fit to act as their deputy in which case the Officials form the Office of the Public Guardian are then appointed.

It has been revealed that since its inception that almost 4,000 complaints have been received regarding its decisions. However, when considered against the 23,000 cases it deals with every year it is a comparatively small number.

The first case to be reported is that of Derek Paravicini, a severely disabled virtuoso, whose talent on the piano had led him to be considered the most advanced autistic musical savant in the country. Prior to the Court's decision yesterday the Official Solicitor from the Ministry of Justice looked after his affairs. The Royal National Institute for Blind People contended that an independent guardian should be appointed for Mr. Paravicini opposing his family's request to make all his decisions for him, including controlling the number of times he should be allowed to perform.

Mr. Justice Hedley was "profoundly impressed" by the commitment demonstrated by Mr. Paravicini's family and decided that his parents and sister Elizabeth should be entrusted with his guardianship, believing that they were totally committed to the welfare of Mr. Paravicini and would protect him from commercial pressures.

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