Local Authority v Mother & Ors

Local Authority v Mother & Ors

The father's Article 6 right to a fair trial cannot be preserved without disclosure of the full psychological report. The risk of harm to B, while real, does not compellingly outweigh the father's rights. There is no viable means for the father to participate fairly without the report, and non-disclosure is not strictly necessary or justified.

Parties
Applicant: Local Authority; Respondent: Mother; Respondent: Father; Respondent: The Child (through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
15 September 2025
Procedural Posture
Family / Interlocutory Judgment on Disclosure of Expert Report
Outcome
Application to withhold disclosure dismissed
Legal Topics
Disclosure of Expert Evidence, Article 6 Right to Fair Trial, Article 8 Right to Privacy, Inherent Jurisdiction, Care Orders, Parental Responsibility, Therapeutic Intervention
Family Law Child Welfare Disclosure of Expert Evidence Article 6 Right to Fair Trial Article 8 Right to Privacy Inherent Jurisdiction Care Orders Parental Responsibility +1 more

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Parties

Local Authority

Applicant

Mother

Respondent

Father

Respondent

The Child (through their Children’s Guardian)

Respondent

Procedural Posture

Family / Interlocutory Judgment on Disclosure of Expert Report

Legal Issues

  1. 1 Should the psychological report on B be disclosed to his parents?
  2. 2 Does withholding the report violate the father's Article 6 right to a fair trial?
  3. 3 Is non-disclosure strictly necessary to protect the child's welfare?

Ratio Decidendi

The father's Article 6 right to a fair trial cannot be preserved without disclosure of the full psychological report. The risk of harm to B, while real, does not compellingly outweigh the father's rights. There is no viable means for the father to participate fairly without the report, and non-disclosure is not strictly necessary or justified.

Court Disposition

Application to withhold disclosure dismissed

Orders

  • Full psychological report to be disclosed to B's parents
  • Further submissions invited on terms of order to protect B's Article 8 rights