A Local Authority v A Mother & Ors [2009] EWHC 1574 (Fam) (03 July 2009)

A Local Authority v A Mother & Ors [2009] EWHC 1574 (Fam) (03 July 2009)

There is insufficient evidence of a real risk of death or serious bodily harm to justify withholding disclosure; the information is relevant to the assessment of the mother's parenting and must be disclosed to the father.

Source-derived case information.

Citation
[2009] EWHC 1574 (Fam)
Parties
Applicant: A Local Authority; 1st Respondent: A mother; 2nd Respondent: A father; 3rd Respondent: 'A' (a child, by the Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
03 July 2009
Procedural Posture
Care Proceedings (children Act 1989) / Interlocutory Application Regarding Disclosure
Outcome
Application for non-disclosure refused; disclosure ordered.
Legal Topics
Disclosure of Evidence, Non Disclosure Orders, Risk of Harm, Parental Capacity, Confidentiality in Family Proceedings
Family Law Child Protection Disclosure of Evidence Non Disclosure Orders Risk of Harm Parental Capacity Confidentiality in Family Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

A Local Authority

Applicant

A mother

1st Respondent

A father

2nd Respondent

'A' (a child, by the Children's Guardian)

3rd Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Interlocutory Application Regarding Disclosure

Legal Issues

  1. 1 Whether sensitive information about the mother's conduct and sexual/gender ambivalence should be disclosed to the father in care proceedings
  2. 2 Whether there is a real risk of serious harm or death justifying non-disclosure

Ratio Decidendi

There is insufficient evidence of a real risk of death or serious bodily harm to justify withholding disclosure; the information is relevant to the assessment of the mother's parenting and must be disclosed to the father.

Court Disposition

Application for non-disclosure refused; disclosure ordered.

Orders

  • Disclosure to the father of all evidence filed in the case is directed.
  • Order stayed for two weeks to allow parties to reflect and plan for implementation and management of consequences.