I (A Child), Re

I (A Child), Re

The application cannot be properly determined without notice to the parents and stepmother; procedural fairness requires that the hearing be adjourned and restarted on notice to all respondents.

Source-derived case information.

Parties
Applicant: Local Authority; Applicant: Guardian (Miss Tracey Cross); Respondent: Father; Respondent: Mother; Respondent: Stepmother
Jurisdiction
England and Wales
Judgment Date
18 April 2016
Procedural Posture
Care Proceedings / Interlocutory Application Adjourned
Outcome
Application adjourned to be heard afresh on notice to all respondents before a different judge.
Legal Topics
Confidentiality, Disclosure, Procedure, Children Act 1989
Family Law Child Protection Confidentiality Disclosure Procedure Children Act 1989

Source-derived case record

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Parties

Local Authority

Applicant

Guardian (Miss Tracey Cross)

Applicant

Father

Respondent

Mother

Respondent

Stepmother

Respondent

Procedural Posture

Care Proceedings / Interlocutory Application Adjourned

Legal Issues

  1. 1 Whether the local authority is under a duty to disclose confidential information about the child to the parents and stepmother
  2. 2 Whether the court can make an order preventing disclosure of such information
  3. 3 Procedural propriety of hearing the application without notice to respondents

Ratio Decidendi

The application cannot be properly determined without notice to the parents and stepmother; procedural fairness requires that the hearing be adjourned and restarted on notice to all respondents.

Court Disposition

Application adjourned to be heard afresh on notice to all respondents before a different judge.

Orders

  • Hearing of the application to prevent disclosure is adjourned and will be heard from scratch by a different judge on notice to all parties.
  • Counsel for respondents may be supplied with the confidential bundle if they give written assurance not to disclose information to clients without court permission.