Local Authority v Mother & Ors [2025] EWFC 293 (B) (15 April 2025)

Local Authority v Mother & Ors [2025] EWFC 293 (B) (15 April 2025)

The application to withhold the psychological report is dismissed because the report is central to the issues, and withholding it would breach the father's Article 6 right to a fair trial. The risk of harm to the child, while real, does not compellingly outweigh the father's rights, and no viable alternative would allow fair participation without disclosure.

Citation
[2025] EWFC 293 (B)
Parties
Applicant: Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: The Child (through their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
15 April 2025
Procedural Posture
Family Court Child Welfare / Care Proceedings / Interlocutory Application Regarding Disclosure of Expert Report
Outcome
Application to withhold disclosure of the psychological report dismissed.
Legal Topics
Disclosure of Evidence, Article 6 ECHR Right to Fair Trial, Article 8 ECHR Right to Private and Family Life, Care Orders, Expert Evidence, Non Disclosure Applications
Family Law Child Law Human Rights Disclosure of Evidence Article 6 ECHR Right to Fair Trial Article 8 ECHR Right to Private and Family Life Care Orders Expert Evidence +1 more

Case Brief

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Parties

Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

The Child (through their Children's Guardian)

Third Respondent

Procedural Posture

Family Court Child Welfare / Care Proceedings / Interlocutory Application Regarding Disclosure of Expert Report

Legal Issues

  1. 1 Whether the local authority should be permitted to withhold disclosure of the full psychological report on the child from the parents
  2. 2 Whether non-disclosure is strictly necessary to protect the child's welfare and Article 8 rights
  3. 3 Whether withholding the report would breach the father's Article 6 right to a fair trial

Ratio Decidendi

The application to withhold the psychological report is dismissed because the report is central to the issues, and withholding it would breach the father's Article 6 right to a fair trial. The risk of harm to the child, while real, does not compellingly outweigh the father's rights, and no viable alternative would allow fair participation without disclosure.

Court Disposition

Application to withhold disclosure of the psychological report dismissed.

Orders

  • Full psychological report of Dr. Craig to be disclosed to the parents.
  • Further submissions to be invited regarding protective measures and terms of the order to safeguard the child's welfare.