N (A Child), Re [2009] EWHC 1663 (Fam) (08 July 2009)

N (A Child), Re [2009] EWHC 1663 (Fam) (08 July 2009)

Rule 11.4(1)(c) of the Family Proceedings Rules 1991 permits a party to disclose information from children proceedings, including expert reports, to the GMC or other relevant bodies for the purpose of making a complaint, without prior judicial sanction, provided the disclosure is necessary for that purpose and subject to safeguards against public dissemination. The court should only intervene to restrict such disclosure in exceptional circumstances, as the statutory scheme is Convention-compliant and reflects a deliberate policy shift towards facilitating complaints.

Citation
[2009] EWHC 1663 (Fam)
Parties
Applicant (father): A; First Respondent (mother): G; Second Respondent (child): N (by his guardian, CP)
Jurisdiction
England and Wales
Judgment Date
08 July 2009
Procedural Posture
Family Proceedings (private Law, Child) / Application for Leave to Disclose Expert Report to Gmc; Decided on Written Submissions
Outcome
Application for leave to disclose refused as unnecessary; declaration made that disclosure is permitted under rule 11.4(1)(c) without need for leave, subject to safeguards.
Legal Topics
Disclosure of Documents, Complaints to Regulatory Bodies, Article 8 ECHR, Children Proceedings Confidentiality, Interpretation of Family Proceedings Rules
Family Law Confidentiality Human Rights Disclosure of Documents Complaints to Regulatory Bodies Article 8 ECHR Children Proceedings Confidentiality Interpretation of Family Proceedings Rules

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Parties

A

Applicant (father)

G

First Respondent (mother)

N (by his guardian, CP)

Second Respondent (child)

Procedural Posture

Family Proceedings (private Law, Child) / Application for Leave to Disclose Expert Report to Gmc; Decided on Written Submissions

Legal Issues

  1. 1 Whether a party to children proceedings may disclose expert reports to the GMC without prior judicial sanction under rule 11.4(1)(c) of the Family Proceedings Rules 1991
  2. 2 Whether the court should exercise its power to restrict such disclosure under rule 11.2(1)(c)
  3. 3 Compatibility of the new disclosure regime with Article 8 ECHR

Ratio Decidendi

Rule 11.4(1)(c) of the Family Proceedings Rules 1991 permits a party to disclose information from children proceedings, including expert reports, to the GMC or other relevant bodies for the purpose of making a complaint, without prior judicial sanction, provided the disclosure is necessary for that purpose and subject to safeguards against public dissemination. The court should only intervene to restrict such disclosure in exceptional circumstances, as the statutory scheme is Convention-compliant and reflects a deliberate policy shift towards facilitating complaints.

Court Disposition

Application for leave to disclose refused as unnecessary; declaration made that disclosure is permitted under rule 11.4(1)(c) without need for leave, subject to safeguards.

Orders

  • It is declared that the applicant may disclose the relevant documents to the GMC for the purpose of making a complaint, provided the disclosure is necessary and subject to the limitations in Part XI of the Family Proceedings Rules 1991.
  • No order is made restricting disclosure under rule 11.2(1)(c).