A Local Authority v A Mother & Ors

A Local Authority v A Mother & Ors

There is insufficient evidence of a propensity for violence within the family to justify withholding disclosure of the sensitive information; the risk of serious harm is not compelling, and the information is relevant to the assessment of the mother's parenting capacity and the father's case. Disclosure to the father is therefore ordered, subject to a two-week stay for reflection and planning.

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 / Judgment on Disclosure of Sensitive Information
Outcome
Disclosure to the father of all evidence filed in the case is ordered, with a two-week stay for reflection and planning.
Legal Topics
Disclosure of Evidence, Non Disclosure Orders, Risk Assessment, Parental Capacity, Confidentiality, Children Act 1989
Family Law Child Protection Disclosure of Evidence Non Disclosure Orders Risk Assessment Parental Capacity Confidentiality Children Act 1989

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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 / Judgment on Disclosure of Sensitive Information

Legal Issues

  1. 1 Whether sensitive information regarding the mother's conduct and gender/sexual ambivalence should be disclosed to the father in care proceedings
  2. 2 Whether there is a real risk of serious harm or death to the mother or others if disclosure is made
  3. 3 Whether the interests of the child or Article 8 rights of adults justify non-disclosure

Ratio Decidendi

There is insufficient evidence of a propensity for violence within the family to justify withholding disclosure of the sensitive information; the risk of serious harm is not compelling, and the information is relevant to the assessment of the mother's parenting capacity and the father's case. Disclosure to the father is therefore ordered, subject to a two-week stay for reflection and planning.

Court Disposition

Disclosure to the father of all evidence filed in the case is ordered, with a two-week stay for reflection and planning.

Orders

  • Disclosure of all evidence to the father
  • Order stayed for two weeks to allow parties to consider implementation and consequences