C (A Child), Re [2015] EWFC 79 (29 September 2015)

C (A Child), Re [2015] EWFC 79 (29 September 2015)

The application for disclosure and use of confidential documents fails because the proposed disclosure would constitute a massive and unjustifiable breach of confidentiality, is disproportionate to any legitimate aim, lacks necessary safeguards, is opposed by the patient, and would be inimical to the welfare of the child. The Family Court also lacks jurisdiction to order disclosure of GMC documents not used in the care proceedings.

Citation
[2015] EWFC 79
Parties
Applicants: Dr X and Y; Respondent: C's children's guardian; Respondent: C's mother; Respondent: General Medical Council; Respondent: Local authority
Jurisdiction
England and Wales
Judgment Date
29 September 2015
Procedural Posture
Family Court Application / Judgment on Application for Disclosure and Use of Documents
Outcome
Application dismissed
Legal Topics
Disclosure of Confidential Documents, Patient Confidentiality, Article 8 ECHR, Disclosure Jurisdiction, Proportionality in Disclosure, Expert Witness Rights, Data Protection
Family Law Confidentiality Medical Law Human Rights Disclosure of Confidential Documents Patient Confidentiality Article 8 ECHR Disclosure Jurisdiction +3 more

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Parties

Dr X and Y

Applicants

C's children's guardian

Respondent

C's mother

Respondent

General Medical Council

Respondent

Local authority

Respondent

Procedural Posture

Family Court Application / Judgment on Application for Disclosure and Use of Documents

Legal Issues

  1. 1 Whether Dr X and Y should be granted disclosure and permission to use confidential documents from care proceedings and GMC proceedings
  2. 2 Whether such disclosure is justified in light of patient confidentiality, Article 8 ECHR, and established legal principles
  3. 3 Whether the Family Court has jurisdiction to order disclosure of GMC documents not used in care proceedings

Ratio Decidendi

The application for disclosure and use of confidential documents fails because the proposed disclosure would constitute a massive and unjustifiable breach of confidentiality, is disproportionate to any legitimate aim, lacks necessary safeguards, is opposed by the patient, and would be inimical to the welfare of the child. The Family Court also lacks jurisdiction to order disclosure of GMC documents not used in the care proceedings.

Court Disposition

Application dismissed