S, R (on the application of) v Swindon Borough Council & Anor [2001] EWHC Admin 334 (4th May, 2001)

S, R (on the application of) v Swindon Borough Council & Anor [2001] EWHC Admin 334 (4th May, 2001)

Local authorities are entitled and required to act on reasonable cause to suspect a risk of significant harm to children under section 47 of the Children Act 1989, without needing to establish abuse on the balance of probabilities. Their actions in assessing risk and disclosing information were justified,...

Source-derived case information.

Citation
[2001] EWHC Admin 334
Parties
Claimant: S; First Defendant: Swindon Borough Council; Second Defendant: Wiltshire County Council
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Final Judgment After Oral Hearing
Outcome
Claim dismissed
Legal Topics
Children Act 1989, Local Authority Child Protection Duties, Standard of Proof in Child Protection, Disclosure of Information by Social Services, Article 8 ECHR (right to Private and Family Life)
Administrative Law Family Law Human Rights Children Act 1989 Local Authority Child Protection Duties Standard of Proof in Child Protection Disclosure of Information by Social Services Article 8 ECHR (right to Private and Family Life)

Source-derived case record

Summary, issues, holding and outcome

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Parties

S

Claimant

Swindon Borough Council

First Defendant

Wiltshire County Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Whether local authorities applied the correct statutory test under the Children Act 1989 in assessing risk to children after claimant's acquittal of sexual abuse charges
  2. 2 Whether local authorities are required to establish abuse on the balance of probabilities before taking protective action or disclosing information
  3. 3 Whether the actions of the authorities breached the claimant's rights under Article 8 ECHR

Ratio Decidendi

Local authorities are entitled and required to act on reasonable cause to suspect a risk of significant harm to children under section 47 of the Children Act 1989, without needing to establish abuse on the balance of probabilities. Their actions in assessing risk and disclosing information were justified, proportionate, and did not breach the claimant's rights under Article 8 ECHR. The authorities' decisions were not irrational or unlawful.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No order for relief against the defendants