Court of Protection opened up to the media following Independent's legal challenge

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A private court in England & Wales is to be opened up to the media, following a successful legal challenge by newspaper groups, led by the Independent.

Under the Mental Capacity Act of 2005, cases in the Court of Protection, which considers cases about people who "lack the capacity to make decisions themselves" (for example those with Alzheimer's, mentally impaired after an accident, or from birth) were automatically held in private.

But the ruling yesterday will now allow journalists to enter the court, if they can show "good reason" to do so.

Designated and approved journalists "will ensure that matters of legitimate public interest may be drawn to the attention of the judge," the judges decided.

These journalists could then apply to the judge for authorisation to publish information disclosed in the proceedings.

"The judgement, handed down at the Court of Appeal, sets an important precedent which opens up future cases to media scrutiny," reports the Independent .

The Independent, backed by Associated Newspapers, Guardian News & Media, Times Newspapers, the Telegraph Media Group and the Press Association, took the test case to the Court of Appeal. The Independent's leader says the judgement is a "victory for transparency and open justice".

"It will not be plain sailing even now. Journalists reporting these cases will have to weigh the privacy of the individuals concerned against the public's right to know what goes on inside a British court.

"But it remains one of the over-riding principles of our court system that justice must not only be done, but be seen to be done." Writing in the Independent , lawyer Mark Stephens says: "This ruling is a hugely important victory for transparency and should be very warmly welcomed.

"The UK courts have a principle of open justice, of keeping the judge on trial while he is judging. That principle is absolutely critical in cases where the person is unable to represent themselves - as is the case at the Court of Protection."

In April 2009 family courts were opened up to journalists, although in January 2010, the Ministry of Justice reported that that media attendance has been limited since access to family courts was granted .

New legislative proposals in the Children, Schools and Families Bill should "encourage" media attendance at family court cases, the Ministry of Justice said.