A Local Authority v D & Ors

Given that remote attendance is not feasible for the mother and that her participation is essential for a fair trial, she must be permitted to attend court in person subject to stringent security measures to balance her rights with the safety of all court users.

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: 15 November 2024
Procedural Posture: Public Law Family Proceedings / Interlocutory Application Regarding Attendance at Court
Outcome: Application granted with conditions
Legal Topics: Care Proceedings, Access to Justice, Court Security, Risk Assessment, Article 6 ECHR, Article 8 ECHR

Family Law Public Law Human Rights Care Proceedings Access to Justice Court Security Risk Assessment Article 6 ECHR +1 more

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Parties

A Local Authority

Applicant

First Respondent

Second Respondent

Third Respondent

Fourth Respondent

Fifth to Seventh Respondents

Eighth Respondent

Procedural Posture

Public Law Family Proceedings / Interlocutory Application Regarding Attendance at Court

Legal Issues

1 Whether the mother should be permitted to attend court in person given a risk assessment under the PVP Protocol
2 How to balance access to justice with safety of court users

Ratio Decidendi

Court Disposition

Application granted with conditions

Orders

Mother permitted to attend court in person subject to detailed security arrangements as set out in the judgment.
Security measures to be recorded as recitals, not orders, in the court record.