Stevens, R (on the application of) v Plymouth City Council & Anor [2002] EWCA Civ 388 (26th March, 2002)

Stevens, R (on the application of) v Plymouth City Council & Anor [2002] EWCA Civ 388 (26th March, 2002)

Both common law and the Human Rights Act require a balance between confidentiality and the rights of the nearest relative to access information necessary for legal advice and involvement in decision-making. In this case, there is no evidence of harm or objection from C, and disclosure to the mother and her advisers of information required by her experts is necessary and proportionate.

Citation
[2002] EWCA Civ 388
Parties
Appellant: Ann S; 1st Respondent: Plymouth City Council; Interested Party: C
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Appeal From High Court (administrative Court)
Outcome
Appeal allowed
Legal Topics
Disclosure of Confidential Information, Guardianship Under Mental Health Act, Rights of Nearest Relative, Article 6 ECHR, Article 8 ECHR
Mental Health Law Human Rights Law Administrative Law Disclosure of Confidential Information Guardianship Under Mental Health Act Rights of Nearest Relative Article 6 ECHR Article 8 ECHR

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Parties

Ann S

Appellant

Plymouth City Council

1st Respondent

C

Interested Party

Procedural Posture

Judicial Review / Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the nearest relative is entitled to disclosure of confidential information about an incapacitated adult under guardianship
  2. 2 How to balance confidentiality with rights to legal advice and family life under ECHR

Ratio Decidendi

Both common law and the Human Rights Act require a balance between confidentiality and the rights of the nearest relative to access information necessary for legal advice and involvement in decision-making. In this case, there is no evidence of harm or objection from C, and disclosure to the mother and her advisers of information required by her experts is necessary and proportionate.

Court Disposition

Appeal allowed

Orders

  • Relief granted for disclosure of information required by mother's experts to those experts and to the mother and her legal advisers
  • Costs of appeal awarded; no order as to costs