H (Children)

H (Children)

The order for disclosure of medical records was lawful, necessary for the psychological assessment, and merely gave effect to an earlier unchallenged order. Jurisdiction was properly conferred, and no breach of Article 8 occurred.

Parties
Applicant: Mrs M; 1st Respondent: Mr M; 2nd and 3rd Respondents: H (Children)
Jurisdiction
England and Wales
Judgment Date
05 August 2009
Procedural Posture
Appeal / Application for Permission to Appeal Interlocutory Order
Outcome
Application for permission to appeal refused
Legal Topics
Disclosure of Medical Records, Jurisdiction, Article 8 ECHR, Psychological Assessment in Family Proceedings
Family Law Civil Procedure Disclosure of Medical Records Jurisdiction Article 8 ECHR Psychological Assessment in Family Proceedings

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Parties

Mrs M

Applicant

Mr M

1st Respondent

H (Children)

2nd and 3rd Respondents

Procedural Posture

Appeal / Application for Permission to Appeal Interlocutory Order

Legal Issues

  1. 1 Whether the order directing disclosure of medical records was lawful
  2. 2 Whether the judge had jurisdiction to make the order
  3. 3 Whether the order breached Article 8 rights

Ratio Decidendi

The order for disclosure of medical records was lawful, necessary for the psychological assessment, and merely gave effect to an earlier unchallenged order. Jurisdiction was properly conferred, and no breach of Article 8 occurred.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal is refused