O v P & Anor (No.2)

O v P & Anor (No.2)

The Gender Plus report is relevant to the issue before the court and must be disclosed to the mother, as the interference with Q's privacy is necessary and proportionate to the legitimate aim of enabling a fair trial regarding his medical treatment. The risk of significant harm to Q from disclosure is not established. The mother may disclose certain facts (but not direct quotations from the father's statement) into judicial review proceedings, subject to anonymisation and exclusion of sensitive material not yet adjudicated.

Parties
Applicant: O; 1st Respondent: P; 2nd Respondent: Q
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Family / Disclosure Application Ruling
Outcome
Application for disclosure of the Gender Plus report granted; limited permission for disclosure into judicial review proceedings granted with restrictions.
Legal Topics
Disclosure of Medical Records, Best Interests of the Child, Article 8 ECHR, Article 6 ECHR, Gender Treatment for Minors, Judicial Review Disclosure
Family Law Children Law Human Rights Disclosure of Medical Records Best Interests of the Child Article 8 ECHR Article 6 ECHR Gender Treatment for Minors +1 more

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Parties

O

Applicant

P

1st Respondent

Q

2nd Respondent

Procedural Posture

Family / Disclosure Application Ruling

Legal Issues

  1. 1 Whether the Gender Plus assessment report should be disclosed to the mother
  2. 2 Whether the mother may disclose information from these proceedings into judicial review proceedings
  3. 3 Balancing Article 8 rights of the child against Article 6 rights of the mother

Ratio Decidendi

The Gender Plus report is relevant to the issue before the court and must be disclosed to the mother, as the interference with Q's privacy is necessary and proportionate to the legitimate aim of enabling a fair trial regarding his medical treatment. The risk of significant harm to Q from disclosure is not established. The mother may disclose certain facts (but not direct quotations from the father's statement) into judicial review proceedings, subject to anonymisation and exclusion of sensitive material not yet adjudicated.

Court Disposition

Application for disclosure of the Gender Plus report granted; limited permission for disclosure into judicial review proceedings granted with restrictions.

Orders

  • The whole of the Gender Plus report (with limited redactions for names and non-salient content) to be disclosed to the mother and her legal team.
  • The mother may disclose in judicial review proceedings that Q has been receiving hormone treatment for at least 18 months and that the father allowed this due to concern for Q’s mental health, but may not quote directly from the father's statement or the previous Guardian’s report.