Britain, Government, Human Rights, Legal, Media, Society

More transparency needed for the Court of Protection…

COURT OF PROTECTION

Intro: A court which has the power to jail people and make life and death decisions in secret could be made more transparent

The highly sensitive work of the Court of Protection often sits uneasily with the notions of freedom and transparency upon which the state rests. Judges sometimes make decisions on behalf of those individuals incapable of running their own affairs. The right to a dignified private life for society’s most vulnerable must certainly be protected, but the default position in which hearings are conducted behind closed doors and in secret does not reconcile with the central tenet of the law in Britain being based upon open justice.

The Court of Protection has made advances in recent years. Successive presidents of the Court have, for example, acknowledged the need for a special register in which nominated journalists become more acquainted with the workings and decisions of the Court – decisions which range from care arrangements to family access and to the disposal of assets.

The test case for others to campaign was in 2010, when the Court of Appeal ruled in favour of the media to have access to hearings about whether a blind and profoundly autistic pianist, Derek Paravicini, should continue to perform. That case set legal precedent, and since then access has been granted in a handful of other cases. However, it is still only in instances involving invasive medical treatment or a life-and-death decision that the presumption applies. Even then, the press and public are often not acquainted with the case until the hearing has already been heard.

Last May, the case of Wanda Maddocks sparked a national debate about transparency after she was sent to prison for five months after she tried to remove her 80-year-old father from the care of Stoke on Trent city council. Ms Maddocks had not been present or even represented in court.

She was thought to be the first person to be imprisoned by the court, which settles the affairs and appoints deputies to act on behalf of people who are unable to make decisions about their personal health, finance or welfare.

The current Court of Protection president, Sir James Munby (Lord Justice Munby), has been working tirelessly to resolve the issue. During the summer of 2013, he issued draft published guidance for judges in which he explicitly stressed the need for ‘greater transparency in order to improve public understanding and confidence’. Sir James also resolved that, as far as is possible, the Court of protection should be governed by the same rules that apply to the family courts (of which he is also president). In a written ruling on a long running case last week, Sir James put the theory into practice; he said the judgement would become public, but the family would not be named.

Despite the welcome steps forward that have been made, there is still much to be done. Sir James is due to release a second tranche of guidance, expected imminently, and it can only be hoped this will go further, by giving accredited reporters automatic access to the Court of Protection as they have in the family courts. If permitted, the usual proviso of cases being aired publicly being subject to negotiation with the presiding judge would apply.

There are wider issues, too. Leading lawyers, for instance, are warning of a ‘marked variation’ in the willingness of judges to talk directly to those who are the subject of proceedings as well as to the appointed solicitor representing their interests. This not only raises concerns over the possibility of human-rights violations, but questions of judicial consistency also arise.

The Court of Protection delivers rulings on some of the most difficult, sensitive and contested questions of modern life, and makes decisions that may define the course and circumstances of a person’s life. Public confidence is needed in such a powerful institution, and to ensure that happens the procedures and practices must be standardised and applied with uniformity and better consistency. The justice the Court dispenses must be as open as it can be.

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Arts, Britain, Economic, Government, Politics, Society

Transformational leadership is needed for a re-moralising of politics and society…

A NEED FOR THE MORALS OF POLITICS TO BE RE-EXAMINED

Intro: The desire for transformational politics is high given the moral challenges of today

We often hear people say that politicians are ‘all the same’, which infer a general objection to our technocratic, managerial political culture. During 2013, figures from outside the Westminster bubble unearthed a public yearning for leaders with the moral and ethical clarity to face many of our present woes.

The greatest need for moral leadership is at its peak during times of economic scarcity. The financial crisis of 2008 and the years of austerity that have followed have returned to the fore the ethical questions that were too often set aside and ignored during the pre-crash era. Political and economic questions such as, ‘How should limited resources be allocated?’, ‘What constitutes the good society?’, ‘What are the values that should underpin our economy?’, or, ‘Can individualism and the common good be reconciled?’ The public disillusionment with our political leaders and what their parties stand for can partly be explained by their direct failure to address these issues more convincingly. When politics is reduced to a game, and when party strategists continually seek to outmanoeuvre each other for short-term tactical advantage, it is unsurprising that the public turns away. The frequent cliché that they are ‘all the same’ is not an attack (as is often thought) on a perceived lack of policy divergence, but on the managerial and technocratic culture that political parties embody.

Behind such public apathy and disillusionment, there is a craving for answers to the moral challenges of our time and for national leaders who can at least attempt to provide them. The recent death of one of the world’s most respected statesman, Nelson Mandela, has made this even more so.

Noticeably, however, one of the trends of 2013 was the emergence of leaders outside the political circle who have shown considerable moral guidance. Pope Francis, for example, has revived his Church’s spiritual fortunes by reorienting it away from the conservative obsessions of same-sex marriage, abortion and contraception and towards issues of economic equality and social justice. Pope Francis has made a number of emblematic gestures since becoming Pontiff last March, including humble acts such as carrying his own suitcase, living in a modest hostel as opposed to the rich grandeur of the Vatican palace, the embracing of a disfigured man, and has communicated his vision of a church ‘of the poor, for the poor’. The moral denunciation by Francis of ‘unbridled capitalism’ has resonated all the more as a result of his church’s changing stance and position. After decades of steep decline, church attendance among Roman Catholics has risen significantly across the world, including in Britain too.

The Archbishop of Canterbury, Justin Welby, who was enthroned two days after the inauguration of Pope Francis, has, over the same period, reaffirmed the Church of England’s status as ‘a defender of the most vulnerable.’ He has openly condemned the coalition government’s welfare cap on benefits and for making children and families pay the price for high inflation, rather than the government. Mr Welby has denounced the usurious lending of payday loan companies and has been equally critical of banks in their desire to continually seek what is ‘legal’ and never what is ‘right’. Like Pope Francis, the Archbishop of Canterbury has demonstrated his Church’s values through deeds as well as words.

One need not share their faith to respect the moral clarity that both religious leaders have brought to issues of economic justice. There have been others, too, such as the comedian Russell Brand, who provoked a remarkably successful debate with his insistence that the solution to deepening inequality and rampant consumerism has to be primarily ‘spiritual’ and his declaration that profit is ‘the most profane word we have’, commanded public attention for almost a fortnight in a way few politicians can.

Whilst not standing for public election, neither the Pope nor the Archbishop of Canterbury faces the same kind of struggles to reconcile competing interests as many of our politicians must contend with. The political class can learn, though, from how they have engaged with fundamental questions and how previously dormant debates have been actively revived.

Some of our more thoughtful MPs from across the political spectrum have recognised the need for a different kind of politics. Jon Cruddas, Labour’s policy review co-ordinator, for example, called for a ‘reimagined socialism’ in his George Lansbury Memorial Lecture in November. Mr Cruddas called for a type of socialism that is ‘romantic, not scientific; humane and warm; passionate yet humble’ and one that ‘pushes back against party orthodoxy, careerism and transactional politics’.

The re-moralisation of our politics and society remains a deep desire five years after the financial crash. In leading that transformation, we still await the politician who can inspire and provide the transformational leadership many people are now demanding.

 

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