A Local Authority v D & Ors [2024] EWFC 61 (19 March 2024)

A Local Authority v D & Ors [2024] EWFC 61 (19 March 2024)

Given that remote attendance is not feasible for M and that exclusion would deny her effective participation and access to justice, M must be permitted to attend court in person subject to stringent security measures to mitigate the risk she poses, thereby balancing her rights under Articles 6 and 8 ECHR with the safety of court users.

Citation
[2024] EWFC 61
Parties
Applicant: A Local Authority; First Respondent: D; Second Respondent: Second Respondent; Third Respondent: Third Respondent; Fourth Respondent: Fourth Respondent; Fifth to Seventh Respondents: Fifth to Seventh Respondents; Eighth Respondent: Eighth Respondent
Jurisdiction
England and Wales
Judgment Date
19 March 2024
Procedural Posture
Public Law Family Proceedings / Interlocutory Application Regarding Court Attendance Arrangements
Outcome
Application granted with conditions
Legal Topics
Care Proceedings, Access to Justice, Court Security, Article 6 ECHR, Article 8 ECHR, Risk Assessment, PVP Protocol
Family Law Public Law Care Proceedings Access to Justice Court Security Article 6 ECHR Article 8 ECHR Risk Assessment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

D

First Respondent

Second Respondent

Second Respondent

Third Respondent

Third Respondent

Fourth Respondent

Fourth Respondent

Fifth to Seventh Respondents

Fifth to Seventh Respondents

Eighth Respondent

Eighth Respondent

Procedural Posture

Public Law Family Proceedings / Interlocutory Application Regarding Court Attendance Arrangements

Legal Issues

  1. 1 Whether the mother (M) should be permitted to attend court in person given a recent security incident and risk assessment under the PVP Protocol
  2. 2 How to balance the right to access to justice with the need to protect court users from potential violence

Ratio Decidendi

Given that remote attendance is not feasible for M and that exclusion would deny her effective participation and access to justice, M must be permitted to attend court in person subject to stringent security measures to mitigate the risk she poses, thereby balancing her rights under Articles 6 and 8 ECHR with the safety of court users.

Court Disposition

Application granted with conditions

Orders

  • M is permitted to attend court in person for hearings, subject to detailed security arrangements as set out in the judgment.
  • The operative security measures are to be recorded as recitals in the order, not as enforceable orders against the Court Service.