Cornwall Council v M & Ors

Cornwall Council v M & Ors

The court declined to make a prohibited steps or specific issue order preventing the father from consenting to a police interview of the child, holding that only one parent's consent is required, and court intervention in police investigations is only justified in exceptional circumstances. The welfare concerns raised did not meet the threshold for such intervention.

Parties
Applicant: Cornwall Council; 1st Respondent: M; 2nd Respondent: F2; 3rd Respondent: C and K (by their Children’s Guardian, Adele Stanbridge); 4th Respondent: F1; Intervenor: SM; Interested Party: Devon and Cornwall Police
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family / Ruling on Application for Prohibited Steps Order
Outcome
Application for prohibited steps order refused
Legal Topics
Parental Responsibility, Police Interview of Child, Prohibited Steps Order, Specific Issue Order
Family Law Child Protection Parental Responsibility Police Interview of Child Prohibited Steps Order Specific Issue Order

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Parties

Cornwall Council

Applicant

M

1st Respondent

F2

2nd Respondent

C and K (by their Children’s Guardian, Adele Stanbridge)

3rd Respondent

F1

4th Respondent

SM

Intervenor

Devon and Cornwall Police

Interested Party

Procedural Posture

Family / Ruling on Application for Prohibited Steps Order

Legal Issues

  1. 1 Whether the court can prohibit a parent from consenting to a police interview of a child
  2. 2 Whether the police require consent from both parents to interview a child
  3. 3 Whether the court should intervene in police investigations involving children

Ratio Decidendi

The court declined to make a prohibited steps or specific issue order preventing the father from consenting to a police interview of the child, holding that only one parent's consent is required, and court intervention in police investigations is only justified in exceptional circumstances. The welfare concerns raised did not meet the threshold for such intervention.

Court Disposition

Application for prohibited steps order refused

Orders

  • No prohibited steps order or specific issue order made
  • Police to provide further evidence regarding welfare analysis and intermediary assessment within two working days after assessment