A Local Authority v The Mother & Ors [2023] EWFC 90 (B) (12 June 2023)

A Local Authority v The Mother & Ors [2023] EWFC 90 (B) (12 June 2023)

Disclosure from the family proceedings will be permitted only to a solicitor, barrister, or other qualified legal adviser for the limited purpose of providing advice and assistance in relation to applications under the Human Rights Act or Equalities Act, with all identifying information about the child, mother, and third parties redacted. All other requests for disclosure to third parties, including public bodies, MPs, researchers, media, and regulatory authorities, are refused due to lack of necessity, risk to the child’s welfare, insufficient clarity, or lack of jurisdiction.

Citation
[2023] EWFC 90 (B)
Parties
Applicant: A Local Authority; First Respondent: The mother; Second Respondent: The father; Third Respondent: A (child, through Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
12 June 2023
Procedural Posture
Family Court Children Act Proceedings / Case Management Disclosure Application at Final Hearing
Outcome
Application for disclosure granted in part and refused in part.
Legal Topics
Disclosure of Documents, Confidentiality, Welfare of the Child, Transparency in Family Proceedings, Data Protection
Family Law Child Law Disclosure of Documents Confidentiality Welfare of the Child Transparency in Family Proceedings Data Protection

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Parties

A Local Authority

Applicant

The mother

First Respondent

The father

Second Respondent

A (child, through Children’s Guardian)

Third Respondent

Procedural Posture

Family Court Children Act Proceedings / Case Management Disclosure Application at Final Hearing

Legal Issues

  1. 1 Whether to permit disclosure of documents from family proceedings to various third parties and for various purposes
  2. 2 Balancing transparency and confidentiality with the welfare of the child

Ratio Decidendi

Disclosure from the family proceedings will be permitted only to a solicitor, barrister, or other qualified legal adviser for the limited purpose of providing advice and assistance in relation to applications under the Human Rights Act or Equalities Act, with all identifying information about the child, mother, and third parties redacted. All other requests for disclosure to third parties, including public bodies, MPs, researchers, media, and regulatory authorities, are refused due to lack of necessity, risk to the child’s welfare, insufficient clarity, or lack of jurisdiction.

Court Disposition

Application for disclosure granted in part and refused in part.

Orders

  • Disclosure of documents from the final hearing bundle permitted to a solicitor, barrister, or other qualified legal adviser solely for advice and assistance in relation to applications under the Human Rights Act or Equalities Act, with all identifying information about the child, mother, and third parties redacted.
  • All other requests for disclosure to third parties, including the Information Commissioner, local authorities, ombudsman, MPs, researchers, media, and regulatory authorities, are refused.