A Mother v A Father & Ors [2009] EWCA Civ 1057 (14 October 2009)

A Mother v A Father & Ors [2009] EWCA Civ 1057 (14 October 2009)

The High Court judge erred by terminating the risk assessment and ordering disclosure without sufficient investigation into the risks posed to the mother, sister, and aunt, and without properly considering their rights under Articles 2, 3, and 8 ECHR. The balancing exercise was flawed as the judge discounted expert evidence and failed to ensure all relevant material and representations were before the court. The appeal was allowed and the matter remitted for completion of the risk assessment.

Citation
[2009] EWCA Civ 1057
Parties
Appellant: A Mother; First Respondent: A Father; Second Respondent: A Local Authority; Third Respondent: 'A' A Child, by her Children's Guardian
Jurisdiction
England and Wales
Judgment Date
14 October 2009
Procedural Posture
Appeal (family Law Care Proceedings) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Disclosure of Evidence, Care Proceedings, Risk Assessment, Article 2 ECHR, Article 3 ECHR, Article 6 ECHR, Article 8 ECHR, Confidentiality, Domestic Violence, Cultural Issues in Family Law
Family Law Human Rights Law Disclosure of Evidence Care Proceedings Risk Assessment Article 2 ECHR Article 3 ECHR Article 6 ECHR +4 more

Case Brief

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Parties

A Mother

Appellant

A Father

First Respondent

A Local Authority

Second Respondent

'A' A Child, by her Children's Guardian

Third Respondent

Procedural Posture

Appeal (family Law Care Proceedings) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the High Court judge erred in directing disclosure of sensitive evidence to the father without completion of a professional risk assessment.
  2. 2 Whether the rights under Articles 2, 3, and 8 ECHR of the mother, sister, and aunt were properly considered.
  3. 3 Whether the balancing exercise between fair trial (Article 6) and risk of harm (Articles 2, 3, 8) was properly conducted.

Ratio Decidendi

The High Court judge erred by terminating the risk assessment and ordering disclosure without sufficient investigation into the risks posed to the mother, sister, and aunt, and without properly considering their rights under Articles 2, 3, and 8 ECHR. The balancing exercise was flawed as the judge discounted expert evidence and failed to ensure all relevant material and representations were before the court. The appeal was allowed and the matter remitted for completion of the risk assessment.

Court Disposition

Appeal allowed

Orders

  • Paragraphs 1 and 2 of the High Court order dated 3 July 2009 set aside.
  • Direction that Mrs Hossain be authorised to interview all relevant family members and complete her risk assessment.