Cornwall Council v M & Ors [2023] EWFC 188 (02 November 2023)

Cornwall Council v M & Ors [2023] EWFC 188 (02 November 2023)

The court has the power to make orders under section 8 Children Act 1989 or the inherent jurisdiction, but should not interfere with the police's statutory function to investigate crime where one parent with parental responsibility consents to a police interview of a child, except in highly exceptional circumstances. The circumstances of this case do not justify such intervention.

Citation
[2023] EWFC 188
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
02 November 2023
Procedural Posture
Family Law Children Act Proceedings / Application for Prohibited Steps Order/specific Issue Order; Interim Hearing
Outcome
Application dismissed
Legal Topics
Prohibited Steps Order, Specific Issue Order, Parental Responsibility, Police Interview of Child, Achieving Best Evidence (abe) Guidance
Family Law Child Protection Prohibited Steps Order Specific Issue Order Parental Responsibility Police Interview of Child Achieving Best Evidence (abe) Guidance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

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 Law Children Act Proceedings / Application for Prohibited Steps Order/specific Issue Order; Interim Hearing

Legal Issues

  1. 1 Whether the court can prohibit a parent from consenting to a police interview of a child under section 8 Children Act 1989
  2. 2 Whether the police require consent of both parents with parental responsibility to interview a child
  3. 3 Whether the court should intervene to prevent the police from interviewing a child where one parent objects

Ratio Decidendi

The court has the power to make orders under section 8 Children Act 1989 or the inherent jurisdiction, but should not interfere with the police's statutory function to investigate crime where one parent with parental responsibility consents to a police interview of a child, except in highly exceptional circumstances. The circumstances of this case do not justify such intervention.

Court Disposition

Application dismissed

Orders

  • No prohibited steps order or specific issue order made against the father; police may proceed subject to welfare analysis and further assessment.