F (Children), Re

F (Children), Re

Mrs M's statement demonstrated disregard for confidentiality and misunderstanding of the McKenzie friend role, fundamentally compromising her suitability. The judge acted within discretion to exclude her and refuse the application, even departing from guidance, due to real risks to confidentiality.

Parties
Applicant: Mother; 1st Respondent: Local Authority; 2nd and 3rd Respondents: Children by their Children’s Guardian; 4th and 5th Respondents: Fathers of L and R
Jurisdiction
England and Wales
Judgment Date
14 May 2013
Procedural Posture
Care Proceedings (children Act) / Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused
Legal Topics
Mc Kenzie Friend, Confidentiality in Family Proceedings, Fair Trial Rights, Care Orders, Appeal Procedure
Family Law Civil Procedure Mc Kenzie Friend Confidentiality in Family Proceedings Fair Trial Rights Care Orders Appeal Procedure

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Parties

Mother

Applicant

Local Authority

1st Respondent

Children by their Children’s Guardian

2nd and 3rd Respondents

Fathers of L and R

4th and 5th Respondents

Procedural Posture

Care Proceedings (children Act) / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the refusal to permit Mrs M to act as McKenzie friend breached the applicant's right to a fair trial
  2. 2 Whether the judge erred in excluding Mrs M from the courtroom during the application
  3. 3 Whether the judge properly exercised discretion in refusing the McKenzie friend application

Ratio Decidendi

Mrs M's statement demonstrated disregard for confidentiality and misunderstanding of the McKenzie friend role, fundamentally compromising her suitability. The judge acted within discretion to exclude her and refuse the application, even departing from guidance, due to real risks to confidentiality.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Order prohibiting publication identifying the children or mother in connection with Children Act proceedings