R (Closed Material Procedure : Special Advocates : Funding)

R (Closed Material Procedure : Special Advocates : Funding)

The Police, as the agency holding and seeking to withhold sensitive material, should fund the Special Advocate for the father in closed material hearings; there is no statutory or authoritative guidance assigning funding responsibility elsewhere, and the Local Authority plays no part in the closed material process.

Parties
Applicant: Local Authority; Respondent: Mother; Respondent: Father; Special Advocate: Mother (closed proceedings); Proposed Special Advocate: Father (closed proceedings); Intervener: Police Constabulary; Intervener: Children’s Guardian of R; Interested Party: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
13 July 2017
Procedural Posture
Family / Ruling on Funding of Special Advocate in Closed Material Procedure
Outcome
Police ordered to fund the Special Advocate for the father in closed material hearings.
Legal Topics
Closed Material Procedure, Special Advocates, Funding, Legal Aid, Public Interest Immunity, Children Act 1989, Article 6 ECHR, Article 2 ECHR, Article 8 ECHR
Family Law Human Rights Closed Material Procedure Special Advocates Funding Legal Aid Public Interest Immunity Children Act 1989 +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Local Authority

Applicant

Mother

Respondent

Father

Respondent

Mother (closed proceedings)

Special Advocate

Father (closed proceedings)

Proposed Special Advocate

Police Constabulary

Intervener

Children’s Guardian of R

Intervener

Ministry of Justice

Interested Party

Procedural Posture

Family / Ruling on Funding of Special Advocate in Closed Material Procedure

Legal Issues

  1. 1 Who should fund the Special Advocate for the father in closed material hearings within family proceedings
  2. 2 Whether a costs cap or cost control should be imposed on Special Advocate fees

Ratio Decidendi

The Police, as the agency holding and seeking to withhold sensitive material, should fund the Special Advocate for the father in closed material hearings; there is no statutory or authoritative guidance assigning funding responsibility elsewhere, and the Local Authority plays no part in the closed material process.

Court Disposition

Police ordered to fund the Special Advocate for the father in closed material hearings.

Orders

  • Police to pay fees already incurred and to be incurred by the Special Advocate for the father.
  • No costs cap or management direction imposed on Special Advocate fees.