R (Children: Control of Court Documents)

R (Children: Control of Court Documents)

The Family Court has power under the Family Procedure Rules to control the distribution and possession of sensitive documents, including after proceedings have ended, and the exercise of that power in this case was justified and proportionate to protect the children's rights and prevent risk of harm.

Parties
Appellant: R; Respondent: Local Authority; Respondent: Mother; Respondent: Father; Respondent: Children by their Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
12 February 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Disclosure of Court Documents, Privacy of Children, Article 3 and Article 8 ECHR, Case Management Powers
Family Law Human Rights Disclosure of Court Documents Privacy of Children Article 3 and Article 8 ECHR Case Management Powers

Case Brief

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Parties

R

Appellant

Local Authority

Respondent

Mother

Respondent

Father

Respondent

Children by their Children’s Guardian

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the court has power to prohibit disclosure of full judgment and submissions to a party
  2. 2 Whether the exercise of that power was justified in the circumstances

Ratio Decidendi

The Family Court has power under the Family Procedure Rules to control the distribution and possession of sensitive documents, including after proceedings have ended, and the exercise of that power in this case was justified and proportionate to protect the children's rights and prevent risk of harm.

Court Disposition

Appeal dismissed

Orders

  • R not to be provided with physical copies of the full judgment or written submissions; only redacted judgment and summary to be provided.
  • Order extended to prohibit provision of entire court bundle to R by his solicitors.