M (Children)

Disclosure of parents' statements and position statements to the police in care proceedings does not breach privilege against self-incrimination or right to silence where the material does not contain admissions of criminal wrongdoing, and the established test in Re C remains fit for purpose; the appeal is dismissed.

Parties: Appellant: Father; Appellant: Mother; 1st Respondent: Police; 2nd Respondent: Local Authority; 3rd Respondent: Children's Guardian
Jurisdiction: England and Wales
Judgment Date: 31 July 2019
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed
Legal Topics: Disclosure of Evidence, Privilege Against Self Incrimination, Right to Silence, Radicalisation, Care Proceedings

Family Law Criminal Law Child Protection Disclosure of Evidence Privilege Against Self Incrimination Right to Silence Radicalisation Care Proceedings

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2

Parties

Father

Appellant

Mother

Appellant

Police

1st Respondent

Local Authority

2nd Respondent

Children's Guardian

3rd Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether disclosure of parents' statements and position statements to police in care proceedings breaches privilege against self-incrimination or right to silence
2 Whether the test in Re C (A Minor) (Care Proceedings: Disclosure) remains fit for purpose
3 Whether position statements should be disclosed to police

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Disclosure of parents' witness statements and position statements to police upheld