X (A Child), Re

X (A Child), Re

The application for disclosure is, in substance, a challenge to the LSCB's decision and must be brought by judicial review. The application was not filed within the required time and does not allege any recognised ground for judicial review. Therefore, permission to apply for judicial review is refused and the...

Source-derived case information.

Parties
Applicant: Father of X; Respondent: Local Authority; Interested Party: Local Safeguarding Children Board; Advocate to the Court: Cafcass Legal
Jurisdiction
England and Wales
Judgment Date
23 July 2014
Procedural Posture
Application for Disclosure / Judicial Review / Judgment on Application for Permission to Apply for Judicial Review
Outcome
Application dismissed
Legal Topics
Disclosure of Documents, Judicial Review, Care Proceedings, Publication of Serious Case Review Reports
Family Law Administrative Law Disclosure of Documents Judicial Review Care Proceedings Publication of Serious Case Review Reports

Source-derived case record

Summary, issues, holding and outcome

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Parties

Father of X

Applicant

Local Authority

Respondent

Local Safeguarding Children Board

Interested Party

Cafcass Legal

Advocate to the Court

Procedural Posture

Application for Disclosure / Judicial Review / Judgment on Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the applicant is entitled to disclosure of the Serious Case Review overview report
  2. 2 Whether the Local Safeguarding Children Board's decision not to publish or disclose the report can be challenged
  3. 3 Whether the application for disclosure should be treated as an application for judicial review

Ratio Decidendi

The application for disclosure is, in substance, a challenge to the LSCB's decision and must be brought by judicial review. The application was not filed within the required time and does not allege any recognised ground for judicial review. Therefore, permission to apply for judicial review is refused and the application is dismissed.

Court Disposition

Application dismissed

Orders

  • Permission to apply for judicial review is refused
  • Application for disclosure of the overview report is dismissed