By Maria Maier, 13th May 2026
I attended my first ever Court of Protection hearing (Case 20033278) on Monday 11th of May 2026. Listed for 10:30am before Mrs Justice Judd, sitting in the Royal Courts of Justice, this was a Serious Medical Treatment case concerning a young woman with anorexia.
The hearing focused on a jurisdictional issue: whether the Court of Protection can determine the lawfulness of a decision not to detain or treat an individual pursuant to the Mental Health Act 1983. It was a challenge to follow, but I think the Official Solicitor’s position was that this was a public law issue exclusively reviewable by the High Court, while Counsel for the Trust argued this may not reflect current appellate authorities, including the recent Court of Appeal guidance in Townsend (Townsend v Epsom and St Helier NHS Trust [2026] EWCA Civ 195).
Despite an interesting discussion around jurisdiction and current legal developments, the most valuable lessons I learnt were not about the law as such, but about accessing and observing the court cases and the operation of the open justice principle in practice.
To give some context, I am an aspiring barrister. I completed an undergraduate degree in Politics and International Studies before converting to Law last year. Since then, I have been working as a Relevant Person’s Representative (RPR) and Rule 1.2 Representative for adults who lack mental capacity and are deprived of their liberty under the Mental Capacity Act (MCA).
It was through this role that I first became interested in Court of Protection work, where life-changing decisions are made every day on behalf of some of the most vulnerable people in society.
Like many others interested in this area, I was given the advice of ‘The COP is open to the public, the best thing to do would be to go and see a hearing for yourself!’ I am slightly embarrassed to admit that it took me six months to get around to doing this.
This delay was caused not only by procrastination, but also by the confusing process of planning, joining and observing a case remotely. I’m grateful to the Open Justice Court of Protection Project for their help with this.
So, after attending my first hearing this week, here are my five suggestions for how to make the most out of observing a Court of Protection hearing.
1. Prepare for uncertainty and delays
I hadn’t fully appreciated that although the public listing tells you that a hearing will start at a certain time, it might not!
I had planned to observe on a Monday, and I’d been told that there was a likelihood of ‘non-compliance’ hearings before HHJ Hilder at First Avenue House being listed on that day. As it turned out, they weren’t. But there were two ‘medical treatment’ hearings listed before judges in the Royal Courts of Justice: one at 10:30am and another at 2:00pm, so I sent off requests to observe, asking for the remote link. The first hearing did not begin until 11:50am, and the second either never went ahead or I was never sent the joining link.
So, based on my own experience, I would recommend setting aside a full day to observe cases and expecting to need to be flexible. Choose a day where several cases are listed that interest you, so that if one is vacated you still have other options to attend.
There are around 20-30 hearings in the Court of Protection each day. The home page of the Open Justice Court of Protection Project lists two or three cases selected each day as ‘Featured Hearings”, including the issues before the court and relevant background information. This is a great starting point to plan your day. There is also a link from that home page to CourtServe – the listing service which provides a comprehensive list of hearings across England and Wales. I also found the official Government website listing hearings at the Court of Protection ‘headquarters’ in London (First Avenue House in Holborn) clear and easy to navigate.
While these last-minute changes can be frustrating, I am told they are standard practice. Keeping an open, flexible schedule gives you the best chance of observing a worthwhile hearing.
2. Email early … and don’t be afraid to follow-up
I used the email template given at the bottom of the Open Justice Court of Protection Project Home Page and sent my email to the address they provided for the two hearings I wanted to observe. There are different email addresses depending on which court is hearing the case. I learnt to make sure to get the right one, and to include, in the subject of your email: “Observer Request for Case XXXXXXXX before [Judge name]”, and my full name at the end of the email.
While the official guidance states that observer requests should be sent before 9:00am on the day of the hearing, Celia Kitzinger advised me to send my email as early as possible. I would strongly recommend doing this because, especially on a busy Monday morning, you do not want your request to get lost.
Finally, if you hear nothing as the hearing time approaches (around 30 mins before the hearing), do not be afraid to send a follow-up email. I sent a follow-up myself (with URGENT in the subject line) and received my joining link almost immediately afterwards.
3. Do your reading!
As you will see, the template email requests copies of the Position Statements (aka skeleton arguments) and Transparency Order. If these are sent to you (position statements are not always made available), make sure to read these beforehand. I did and found them invaluable (although I only received documents from the Trust and not from the Official Solicitor, and I was also subsequently instructed to destroy the Trust’s position statements).
Position Statements are particularly helpful because they outline each party’s position ahead of the hearing and explain the outcome they are asking the court to reach.
The Transparency order is an injunction setting out what can and cannot be reported about the case. Read the entire order carefully, but pay particular attention to the section usually headed, “The Subject Matter Of The Injunction”. The Court may ask whether you have read and understood this order before the hearing begins. If you are worried about understanding this document or haven’t seen one before, there’s a template Transparency Order available online, which means you can familiarise yourself with the format and general provisions they contain beforehand. Bear in mind though that each Transparency Order is specific to its case, so you do need to read the particular order you’ve been sent for the case you hope to observe.
4. Be ready to appear on camera
I was quite surprised when the Judge asked me to confirm that I had read and understood the Transparency Order, and whether I had any issues to raise with the Court.
Fortunately, I was dressed appropriately, sitting at my desk and able to respond clearly. However, it would be easy to be caught off guard by this. You want to make sure that you can respond professionally if called upon. You must also be in a quiet and private place, and not anywhere that other people might be able to see or hear what is going on in the courtroom.
When you join the link, the software allows you to test your camera and microphone beforehand. This is a useful opportunity to check that you can be heard, that you are dressed appropriately for court and that nothing unsuitable is visible in your background.
While these may sound like obvious points, the Court of Protection deals with emotionally-challenging cases involving vulnerable individuals. It is important to show respect for both the process and people involved.
5. Treat every case as a learning opportunity
Despite having a law degree and a professional understanding of Court of Protection proceedings, I struggled to keep up with the proceedings. For example, I had never heard of or read the Court of Appeal Judgment in Townsend, despite it being a well-known case that turned out to be central to this hearing’s discussion of jurisdiction. Celia Kitzinger’s post, “Anorexia, declaratory protection and the Mental Health Act: Ventilating a jurisdictional question following Townsend”, provides a more thorough report on the substantive content of the hearing.
The barristers you observe are experts, and hearings will likely involve legislation, case law or legal principles that are completely unfamiliar to you. It is very easy to get lost!
Instead of feeling overwhelmed and leaving the hearing, try keeping a pen and paper nearby so that you can note down anything you might want to research afterwards. Following this hearing, I spent time reading chambers articles and legal blogs which helped me better understand the Townsend decision and the wider issues being discussed in court. Other useful sources include law firm websites, medical association blogs (such as The Faculty of Intensive Care Medicine) and the full judgements available on the BAILI/The National Archives. Plus, of course, the Open Justice Court of Protection blogs!
Observing hearings is not about understanding every point immediately. Often, the real value comes afterwards when you take the time to reflect on what you heard and continue learning from it.
Final thoughts
I hope that other students, family members and early-career professionals find these suggestions useful. Over the next few months, I’m aiming observe and blog about more hearings and hope to encourage more people to feel confident accessing the Court of Protection themselves.
For me, attending this first hearing transformed the Court of Protection from something I had only studied into something I could actively observe, question and learn from. I suspect many others are only one hearing away from feeling the same.
Maria Maier is an aspiring barrister. She is currently working as a Relevant Person’s Representative (RPR) and Rule 1.2 Representative for adults who lack mental capacity and are deprived of their liberty under the Mental Capacity Act (MCA). She will begin her Bar Course studies in September 2026. Her LinkedIn is here.
Promoting Open Justice in the Court of Protection 