Lancashire County Council v E & F

Lancashire County Council v E & F

Religious confidentiality does not protect elders from disclosure of information relating to child sexual abuse where such disclosure is necessary and proportionate for child protection. The material sought was not a confession or spiritual counselling, and the Congregation's own policies require disclosure to...

Source-derived case information.

Parties
Applicant: Lancashire County Council; First Respondents: E & F; Second Respondent: Mother; Third Respondent: Father; Interested Parties: A & B
Jurisdiction
England and Wales
Judgment Date
04 February 2020
Procedural Posture
Family / Application to Set Aside Witness Summons
Outcome
Witness summons upheld; disclosure ordered.
Legal Topics
Religious Confidentiality, Disclosure of Evidence, Child Sexual Abuse, Safeguarding Policies, Article 9 ECHR
Family Law Child Protection Human Rights Religious Confidentiality Disclosure of Evidence Child Sexual Abuse Safeguarding Policies Article 9 ECHR

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Parties

Lancashire County Council

Applicant

E & F

First Respondents

Mother

Second Respondent

Father

Third Respondent

A & B

Interested Parties

Procedural Posture

Family / Application to Set Aside Witness Summons

Legal Issues

  1. 1 Whether religious confidentiality protects elders from disclosure of information relating to child sexual abuse
  2. 2 Whether Article 9 ECHR prohibits disclosure of confidential religious communications
  3. 3 Whether the Congregation's safeguarding policies were followed

Ratio Decidendi

Religious confidentiality does not protect elders from disclosure of information relating to child sexual abuse where such disclosure is necessary and proportionate for child protection. The material sought was not a confession or spiritual counselling, and the Congregation's own policies require disclosure to safeguard children. Article 9 ECHR is qualified and does not override the need to protect children from abuse.

Court Disposition

Witness summons upheld; disclosure ordered.

Orders

  • A and B required to provide full statements and documents relating to their investigation of the allegations of sexual abuse.
  • Disclosure of any notes, records, safeguarding reports, statements, records of interviews, risk assessments, child safeguarding policy, and other documents prepared in connection with the allegations.