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Expert oversight & audit platform for Mental Capacity Act (Court of Protection) cases

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@OpenJusticeCoP Open justice only builds trust when the justice on display is competent. The Supreme Court’s own hearing exposed judges struggling with basic Mental Capacity Act principles. Transparency didn’t restore confidence, it revealed the real problem: a system interpreting disability rights without understanding them. The above article by the Open Justice Court of Protection Project highlights grave concerns arising from a three-day Supreme Court hearing on deprivation-of-liberty law (October 2025). Despite exemplary transparency, live-streaming, published documents, and public access, observers were alarmed by the evident lack of judicial understanding of the Mental Capacity Act. Judges appeared unfamiliar with the functional test of capacity and used outdated, sometimes ableist language. Instead of building trust, openness exposed a deeper problem: the highest court is interpreting disability and human-rights law without specialist expertise. This matters far beyond that case. It signals systemic weaknesses affecting every family navigating the Mental Capacity Act. My own case reflects the same pattern: previous orders accepted without scrutiny, statutory tests overlooked, and assumptions substituted for evidence. The Supreme Court hearing demonstrates that these are not isolated failures, but symptoms of a wider structural problem. Robust oversight and subject-matter expertise are urgently needed to ensure lawful, rights-compliant decision-making for incapacitated adults and their families.

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