J (A Child), Re

J (A Child), Re

The applicant, having been joined as a party to the perpetrator fact-finding hearing, is entitled to attend or be represented at the rape fact-finding hearing because the outcome and conduct of that hearing may materially affect her interests both as a potential perpetrator and as a prospective carer for the child. Exclusion would create a perception and reality of disadvantage, and the provision of a transcript is insufficient to safeguard her rights under Article 6 ECHR.

Parties
Applicant: JL; Respondent (father): DJ; Mother: CL; Intervenor: ML; Intervenor: Local Authority; Subject: T (a child)
Jurisdiction
England and Wales
Judgment Date
12 February 2008
Procedural Posture
Appeal (civil) / Appeal Against Interlocutory Order in Consolidated Private Contact and Care Proceedings
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Contact Proceedings, Party Rights, Fact Finding Hearings, Article 6 ECHR, Article 8 ECHR
Family Law Child Law Civil Procedure Care Proceedings Contact Proceedings Party Rights Fact Finding Hearings Article 6 ECHR +1 more

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Parties

JL

Applicant

DJ

Respondent (father)

CL

Mother

ML

Intervenor

Local Authority

Intervenor

T (a child)

Subject

Procedural Posture

Appeal (civil) / Appeal Against Interlocutory Order in Consolidated Private Contact and Care Proceedings

Legal Issues

  1. 1 Whether the applicant (grandmother) and her advocate should be permitted to attend and be represented at the rape fact-finding hearing within consolidated care and private law proceedings.

Ratio Decidendi

The applicant, having been joined as a party to the perpetrator fact-finding hearing, is entitled to attend or be represented at the rape fact-finding hearing because the outcome and conduct of that hearing may materially affect her interests both as a potential perpetrator and as a prospective carer for the child. Exclusion would create a perception and reality of disadvantage, and the provision of a transcript is insufficient to safeguard her rights under Article 6 ECHR.

Court Disposition

Appeal allowed

Orders

  • The applicant and/or her representative is permitted to attend the rape fact-finding hearing.