RC v CC & Anor

RC v CC & Anor

Judge Cardinal failed to provide adequate and sustainable reasons for withholding all social worker statements from RC, misapplied the strict necessity test, and did not sufficiently consider less restrictive alternatives or the procedural safeguards required. The appeal is allowed and the disclosure issue remitted for reconsideration.

Parties
Applicant: RC; Respondent: CC; Respondent: X Local Authority
Jurisdiction
England and Wales
Judgment Date
30 January 2014
Procedural Posture
Appeal / Judgment on Appeal Against Disclosure Order
Outcome
Appeal allowed in part
Legal Topics
Disclosure of Documents, Article 6 ECHR Fair Trial, Article 8 ECHR Right to Privacy, Strict Necessity Test, Closed Material Procedure
Family Law Mental Capacity Law Human Rights Disclosure of Documents Article 6 ECHR Fair Trial Article 8 ECHR Right to Privacy Strict Necessity Test Closed Material Procedure

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Parties

RC

Applicant

CC

Respondent

X Local Authority

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Disclosure Order

Legal Issues

  1. 1 Whether it is strictly necessary to withhold disclosure of social worker statements from RC
  2. 2 Whether the Court of Protection should apply the same disclosure principles as the family court
  3. 3 Whether a closed material procedure is appropriate in the Court of Protection

Ratio Decidendi

Judge Cardinal failed to provide adequate and sustainable reasons for withholding all social worker statements from RC, misapplied the strict necessity test, and did not sufficiently consider less restrictive alternatives or the procedural safeguards required. The appeal is allowed and the disclosure issue remitted for reconsideration.

Court Disposition

Appeal allowed in part

Orders

  • Parts of Judge Cardinal’s order relating to the three social worker statements are set aside
  • Matter remitted to Judge Cardinal for reconsideration of disclosure in light of this judgment