RC v CC [2013] EWCOP 1424 (08 May 2013)

RC v CC [2013] EWCOP 1424 (08 May 2013)

Withholding disclosure of the social work statements and unredacted psychological report from the applicant is strictly necessary to protect the best interests and privacy rights of the protected party (CC), given her vulnerability and lack of capacity, and the absence of a current family relationship. Disclosure to RC is limited to a redacted psychological report, with her counsel permitted to see the social work evidence under strict non-disclosure directions. This approach is proportionate and does not violate RC's Article 6 rights.

Citation
[2013] EWCOP 1424
Parties
Applicant: RC; 1st Respondent: CC (by her litigation friend the Official Solicitor); 2nd Respondent: X Local Authority
Jurisdiction
England and Wales
Judgment Date
08 May 2013
Procedural Posture
Court of Protection Application / Interlocutory Judgment on Disclosure of Documents
Outcome
Application for full disclosure refused; limited disclosure ordered.
Legal Topics
Disclosure of Documents, Best Interests, Article 6 ECHR (right to Fair Trial), Article 8 ECHR (right to Private and Family Life), Confidentiality, Adoption, Capacity
Mental Capacity Law Family Law Human Rights Disclosure of Documents Best Interests Article 6 ECHR (right to Fair Trial) Article 8 ECHR (right to Private and Family Life) Confidentiality +2 more

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Parties

RC

Applicant

CC (by her litigation friend the Official Solicitor)

1st Respondent

X Local Authority

2nd Respondent

Procedural Posture

Court of Protection Application / Interlocutory Judgment on Disclosure of Documents

Legal Issues

  1. 1 Whether social work statements and psychological report relating to an adopted adult lacking capacity should be disclosed to her birth mother applicant
  2. 2 Whether withholding disclosure is strictly necessary in light of best interests and ECHR rights

Ratio Decidendi

Withholding disclosure of the social work statements and unredacted psychological report from the applicant is strictly necessary to protect the best interests and privacy rights of the protected party (CC), given her vulnerability and lack of capacity, and the absence of a current family relationship. Disclosure to RC is limited to a redacted psychological report, with her counsel permitted to see the social work evidence under strict non-disclosure directions. This approach is proportionate and does not violate RC's Article 6 rights.

Court Disposition

Application for full disclosure refused; limited disclosure ordered.

Orders

  • Redacted psychological report to be disclosed to RC.
  • Social work statements not to be disclosed to RC; may be disclosed to her counsel only, subject to non-disclosure directions.