Cumbria County Council v T (Discharge of Intervenors) (Rev 1)

Cumbria County Council v T (Discharge of Intervenors) (Rev 1)

It is not necessary or proportionate for the court to determine the findings of fact sought by the mother against the intervenors, given the lack of corroborating evidence, the evidential deficiencies, and the marginal relevance of such findings to the welfare decision for T. The intervenors' rights can be protected as witnesses, and maintaining their party status would cause unnecessary delay and expense. Accordingly, all intervenors are discharged as parties to the proceedings.

Parties
Applicant: Cumbria County Council; First Respondent: AT; Second Respondent: CB; Third Respondent: T (by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
11 September 2020
Procedural Posture
Care Proceedings / Case Management Decision on Discharge of Intervenors
Outcome
All intervenors discharged as parties to the proceedings.
Legal Topics
Care Orders, Intervenor Status, Fact Finding Hearings, Sexual Abuse Allegations, Case Management, Children Act 1989
Family Law Child Protection Care Orders Intervenor Status Fact Finding Hearings Sexual Abuse Allegations Case Management Children Act 1989

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Parties

Cumbria County Council

Applicant

AT

First Respondent

CB

Second Respondent

T (by his Children’s Guardian)

Third Respondent

Procedural Posture

Care Proceedings / Case Management Decision on Discharge of Intervenors

Legal Issues

  1. 1 Whether it is necessary and proportionate to determine findings of fact sought by the mother against intervenors
  2. 2 Whether intervenors should be discharged as parties to the proceedings

Ratio Decidendi

It is not necessary or proportionate for the court to determine the findings of fact sought by the mother against the intervenors, given the lack of corroborating evidence, the evidential deficiencies, and the marginal relevance of such findings to the welfare decision for T. The intervenors' rights can be protected as witnesses, and maintaining their party status would cause unnecessary delay and expense. Accordingly, all intervenors are discharged as parties to the proceedings.

Court Disposition

All intervenors discharged as parties to the proceedings.

Orders

  • Intervenors discharged as intervenors in these proceedings.
  • At the fact-finding hearing, the court will determine only those findings set out at Paragraphs 1., 1a., 1b., 1c., 1d., 2., 2a., 3., 4., 5. and 6 of the final version of the Scott Schedule.