RC v CC

RC v CC

The court held that only the redacted psychological report should be disclosed to RC, with all social work statements withheld from her but available to her counsel under an injunction not to disclose or discuss them with RC. This limitation is strictly necessary to protect CC's privacy and best interests, and does not violate RC's Article 6 rights. The balance of Article 6 and 8 ECHR rights, and the paramountcy of CC's best interests, justify this restricted disclosure.

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 granted
Legal Topics
Disclosure of Documents, Best Interests, Article 6 ECHR, Article 8 ECHR, Confidentiality, Adoption, Contact With Birth Family
Mental Capacity Law Family Law Human Rights Disclosure of Documents Best Interests Article 6 ECHR Article 8 ECHR 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 concerning CC should be disclosed to RC, her birth mother, in the context of an application for contact after adoption
  2. 2 Whether withholding disclosure is strictly necessary in light of CC's best interests and competing Article 6 and Article 8 rights

Ratio Decidendi

The court held that only the redacted psychological report should be disclosed to RC, with all social work statements withheld from her but available to her counsel under an injunction not to disclose or discuss them with RC. This limitation is strictly necessary to protect CC's privacy and best interests, and does not violate RC's Article 6 rights. The balance of Article 6 and 8 ECHR rights, and the paramountcy of CC's best interests, justify this restricted disclosure.

Court Disposition

Application for full disclosure refused; limited disclosure granted

Orders

  • Only the redacted psychological report to be disclosed to RC
  • Social work statements to be disclosed to RC's counsel only, under injunction not to disclose or discuss with RC