H v L [2006] EWHC 3099 (Fam) (07 December 2006)

H v L [2006] EWHC 3099 (Fam) (07 December 2006)

There is no statutory provision in family proceedings equivalent to the criminal jurisdiction prohibiting litigants in person from cross-examining vulnerable adult witnesses in cases involving sexual abuse allegations. The court found it undesirable and inappropriate for such cross-examination to be conducted by the applicant in person, but existing mechanisms (Guardian, CAFCASS Legal, Official Solicitor, Free Representation Unit, Attorney-General) are inadequate or unavailable. The judge exceptionally requested and obtained an advocate from the Attorney-General for this case, but emphasized this is not a general solution. The judgment calls for urgent statutory reform to provide for...

Citation
[2006] EWHC 3099 (Fam)
Parties
Applicant: H; 1st Respondent: L; 2nd Respondent: R
Jurisdiction
England and Wales
Judgment Date
07 December 2006
Procedural Posture
Family Law (parental Responsibility and Contact Order Application) / Fact Finding Hearing
Outcome
Fact-finding hearing conducted with cross-examination of the vulnerable witness by an advocate appointed at the court's request; no general order made but urgent statutory reform recommended.
Legal Topics
Parental Responsibility, Contact Orders, Cross Examination of Vulnerable Witnesses, Article 6 ECHR, Representation for Litigants in Person, Sexual Abuse Allegations
Family Law Civil Procedure Human Rights Parental Responsibility Contact Orders Cross Examination of Vulnerable Witnesses Article 6 ECHR Representation for Litigants in Person +1 more

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Parties

H

Applicant

L

1st Respondent

R

2nd Respondent

Procedural Posture

Family Law (parental Responsibility and Contact Order Application) / Fact Finding Hearing

Legal Issues

  1. 1 Whether a litigant in person should be permitted to cross-examine an adult witness in family proceedings involving allegations of sexual abuse
  2. 2 What mechanisms exist or should exist to protect vulnerable witnesses in such circumstances
  3. 3 Whether the absence of statutory provision for representation in family proceedings breaches Article 6 ECHR

Ratio Decidendi

There is no statutory provision in family proceedings equivalent to the criminal jurisdiction prohibiting litigants in person from cross-examining vulnerable adult witnesses in cases involving sexual abuse allegations. The court found it undesirable and inappropriate for such cross-examination to be conducted by the applicant in person, but existing mechanisms (Guardian, CAFCASS Legal, Official Solicitor, Free Representation Unit, Attorney-General) are inadequate or unavailable. The judge exceptionally requested and obtained an advocate from the Attorney-General for this case, but emphasized this is not a general solution. The judgment calls for urgent statutory reform to provide for...

Court Disposition

Fact-finding hearing conducted with cross-examination of the vulnerable witness by an advocate appointed at the court's request; no general order made but urgent statutory reform recommended.