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1 results

  • 5 - Expert and Experiential Evidence

  • Jaime Lindsey, University of Essex
  • Book:
    Reimagining the Court of Protection
    Published online:
    17 September 2022
    Print publication:
    15 September 2022, pp 148-188

  • Summary

    Chapter 5 explores the use of expert and experiential evidence in the CoP, particularly analysing the contribution of the evidence given by the Person, linking with the arguments set out in Chapters 3 and 4. Analysing the empirical data, the chapter argues that the current hierarchy of evidence in the CoP undermines access to justice for the Person at the centre of proceedings and that changes are required to rebalance the evidential practices to achieve a more just process. The chapter starts with an overview of the use of evidence in proceedings, before turning to the hierarchies of knowledge, exploring the underpinning evidential justifications for both expert and experiential knowledge claims and the differing value attributed to each. Following analysis of the hierarchy of evidence, it is explained how this impacts upon access to justice and how this shows that the CoP has failed to secure procedural justice in this regard. The final section includes some examples of possible reforms to CoP evidential practices to address the procedural justice problem identified.