X and Y (Children)

X and Y (Children)

Given the father's convictions for serious sexual and physical abuse of his daughters, the ongoing risk and trauma to the children, and the exceptional circumstances, the father's rights to participate in proceedings, to be consulted, and to be notified are overridden by the children's rights to privacy and protection from harm. The local authority is relieved of its statutory duties to consult or inform the father, and his party status is terminated, with limited disclosure permitted only as strictly necessary.

Parties
Applicant: A Local Authority; Respondent Father: F; Respondent Mother: M; Respondents Children: X and Y (by their children's guardian)
Jurisdiction
England and Wales
Judgment Date
08 March 2018
Procedural Posture
Care and Placement Order Proceedings; Applications Under Inherent Jurisdiction / Judgment Following Contested Applications Regarding Party Status, Consultation, and Notification
Outcome
Applications granted in substantial part; father discharged as party; local authority relieved of consultation and notification duties, subject to limited exceptions.
Legal Topics
Care Orders, Placement Orders, Parental Responsibility, Disclosure, Article 6 ECHR, Article 8 ECHR, Inherent Jurisdiction, Consultation With Parents, Notification of Proceedings
Family Law Child Protection Human Rights Care Orders Placement Orders Parental Responsibility Disclosure Article 6 ECHR +4 more

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Parties

A Local Authority

Applicant

F

Respondent Father

M

Respondent Mother

X and Y (by their children's guardian)

Respondents Children

Procedural Posture

Care and Placement Order Proceedings; Applications Under Inherent Jurisdiction / Judgment Following Contested Applications Regarding Party Status, Consultation, and Notification

Legal Issues

  1. 1 Whether the father should remain a party to proceedings to revoke placement orders and contact proceedings
  2. 2 Whether the local authority should be absolved from statutory duties to consult or inform the father about the children
  3. 3 Whether the local authority should be relieved of the duty to notify the father of future proceedings

Ratio Decidendi

Given the father's convictions for serious sexual and physical abuse of his daughters, the ongoing risk and trauma to the children, and the exceptional circumstances, the father's rights to participate in proceedings, to be consulted, and to be notified are overridden by the children's rights to privacy and protection from harm. The local authority is relieved of its statutory duties to consult or inform the father, and his party status is terminated, with limited disclosure permitted only as strictly necessary.

Court Disposition

Applications granted in substantial part; father discharged as party; local authority relieved of consultation and notification duties, subject to limited exceptions.

Orders

  • Father discharged as party to placement and contact proceedings
  • Local authority relieved of duty to consult or inform father about the girls' welfare, except in life-threatening medical emergencies