Jack Palmer instructed by the Chief Constable of Avon and Somerset Constabulary in a closed hearing in the Court of Protection

The Vice President of the Court of Protection Mrs Justice Theis DBE, in a closed hearing, handed down a judgment in the case of Bristol City Council v CC & Ors [2026] EWCOP 4 (T3). The genesis of the proceedings began in 2024 when Bristol City Council made an application for welfare orders regarding CC’s care, residence and deprivation of liberty. CC was an individual with a long history of gang affiliation, violent criminal activity, possession of weapons and aggression towards members of the public and professionals working with him. In 2025 Avon and Wiltshire Mental Health Partnership NHS Trust and NHS Bristol, North Somerset and South Gloucestershire Integrated Care Board made an application to close materials in the proceedings from CC’s family members due to fears that information could be disclosed to CC which could then precipitate risks to CC and to professionals working with them. During the life of the closed material application, it was identified that materials owned by the prison and probation service and the police might also necessarily need be closed and applications were made on behalf of these organisations for certain materials to be closed.

In advance of the final hearing of the various applications, the position of all applicants for the closing of materials changed due to inter alia the imposition of effective risk mitigation for CC, positive changes in CC’s position and the removal of a family member’s interested person status. The police maintained their application in respect of a more limited portion of the materials on the basis that their substance or circumstances could be revelatory of sensitive matters relating to police intelligence. There were extensive efforts between the parties, including the legal representatives of CC, who was represented by the Official Solicitor and counsel, to agree the application.

In a hearing on 10 December 2025 the court heard the police’s application. In a judgment handed down on 22 January 2026 Mrs Justice Theis DBE emphasised the importance of parties following the guidance in  Re A (Covert Medication, Closed Proceedings) [2022] EWCOP 44 and commended the ‘impressive and very effective collaboration between the parties, [Avon and Somerset Constabulary] and [His Majesty’s Prison and Probation Service] leading up to the hearing on 10 December 2025’. The need to focus applications to close materials to only those materials in respect of which it is strictly justified and necessary for the public interest underpinning the application was underlined, with Mrs Justice Theis DBE stating ‘Prior to any such application being made there must be careful analysis of the legal and evidential basis upon which the court is being asked to order such a hearing, and for any material to be withheld in accordance with the principles so clearly set out in the Guidance.’

Jack Palmer represented the Chief Constable of Avon and Somerset Constabulary. Jack is a specialist police law barrister, representing chief officers led and unled across jurisdictions, including in the Court of Protection. He holds particular expertise in applications concerning sensitive materials and closed proceedings.

The full judgment can be found here.