Nageena Khalique QC: Is there any hope for freedom of speech in the Court of Protection? Report from Media Lawyer Live Alert

Thu, 29 Mar 2018


A couple who have concerns about the way health authority chiefs are managing the care of a relative who suffers from dementia have lost a free speech fight in a specialist court. The pair want to be allowed to disclose information about the man's case, including his name plus confidential medical and social work reports, to an MP. They also want to speak to journalists and allow the media to name the man, a former steel works shop steward, in reports. The health authority with responsibility for the man's care have raised objections. Mr Justice Hayden, sitting in the Court of Protection, ruled against the couple.

The judge, who has barred journalists from identifying anyone involved in reports of the hearing, said the case involved balancing the human rights to free speech and to respect for private and family life.

Lawyers said the case raised issues about people's rights to enlist the help of MPs - and journalists - when they have complaints about decisions made by public authorities.

Barrister Nageena Khalique QC, who represents one of the man's relatives, said evidence showed that, before losing the mental capacity to take decisions, the man himself had raised complaints about his care and had wanted to get his MP involved in his case.

She said evidence also showed that he had been a "true socialist" and active union member who had been interested in politics and "about the individual fighting against the state".

"The balance lies in favour of disclosure and publication," she said.

"(The man) should not be disadvantaged from doing what an adult with capacity could legitimately do, namely ventilate his concerns to his MP and the media."

She said the media's "freedom to report" would be an issue of "great significance" to the man.

Barrister Joseph O'Brien, who is representing the interests of the man, echoed those arguments.

Related articles

We are delighted to announce that Richard Grimshaw has joined the editorial team for ‘Civil Procedure...

Date: Fri, 25 Mar 2022
It is with great sadness that we announce the death of former member of chambers, Don McConville...

Date: Wed, 16 Mar 2022
The recent case O’Grady v B15 Group td (formerly Brighthouse Group Ltd) [2022] EWHC 67 (QB), concerned a fatal road traffic accident, where the claimant erroneously made a Part 36 offer to settle liability 80/20 in favour of the defendant, rather than 80/20 in favour of the claimant...

Date: Mon, 31 Jan 2022