S (A Child)

Material relating to unproven and unpursued allegations of sexual misconduct is irrelevant and prejudicial, and must be excluded from the documents sent to the expert. Only records of cautions, prior prosecutions resulting in acquittal, and incident summaries may be included, but not opinions or details of unproven allegations.

Parties: Appellant: Father; Applicant: Mother; Respondent: Guardian; Respondent: Authority (East Sussex County Council)
Jurisdiction: England and Wales
Judgment Date: 05 March 2008
Procedural Posture: Care Proceedings (child Protection) / Appeal From Case Management Decision
Outcome: Appeal allowed in part
Legal Topics: Disclosure to Experts, Relevance of Evidence, Care Orders, Case Management

Family Law Child Protection Disclosure to Experts Relevance of Evidence Care Orders Case Management

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Parties

Father

Appellant

Mother

Applicant

Guardian

Respondent

Authority (East Sussex County Council)

Respondent

Procedural Posture

Care Proceedings (child Protection) / Appeal From Case Management Decision

Legal Issues

1 Whether historic allegations of sexual misconduct not pursued or proved should be disclosed to a jointly instructed expert in care proceedings
2 Whether inclusion of such material is relevant or prejudicial

Ratio Decidendi

Court Disposition

Appeal allowed in part

Orders

Permission to appeal granted
Material relating to unproven and unpursued allegations of sexual misconduct to be excluded from expert's bundle