Sheffield City Council v M

Sheffield City Council v M

Given the significance of the closed material to the justification for the FMPOs and the profound impact of the orders on the family, the appointment of a Special Advocate is a proportionate and necessary means to accommodate the father's Article 6 rights while protecting the children's fundamental rights. No other mechanism would allow for fair disposal of the applications where the respondent contests the orders and cannot scrutinise the closed evidence.

Parties
Applicant: Sheffield City Council; 1st Respondent (mother): M; 2nd Respondent (father): F; 3rd Respondent (child, by Children's Guardian): A; 4th Respondent (child, by Children's Guardian): B
Jurisdiction
England and Wales
Judgment Date
24 January 2022
Procedural Posture
Family (forced Marriage Protection Order) / Interlocutory Judgment on Appointment of Special Advocate and Management of Closed Material
Outcome
Special Advocate to be appointed to represent the father's interests in relation to disclosure and at any final hearing if closed material remains undisclosed.
Legal Topics
Forced Marriage Protection Orders, Non Disclosure of Evidence, Special Advocates, Article 6 ECHR, Article 8 ECHR, Children's Rights
Family Law Human Rights Forced Marriage Protection Orders Non Disclosure of Evidence Special Advocates Article 6 ECHR Article 8 ECHR Children's Rights

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Parties

Sheffield City Council

Applicant

M

1st Respondent (mother)

F

2nd Respondent (father)

A

3rd Respondent (child, by Children's Guardian)

B

4th Respondent (child, by Children's Guardian)

Procedural Posture

Family (forced Marriage Protection Order) / Interlocutory Judgment on Appointment of Special Advocate and Management of Closed Material

Legal Issues

  1. 1 Whether a Special Advocate should be appointed to represent the father's interests in FMPO proceedings involving closed material
  2. 2 How to manage disclosure and fair trial rights when evidence is withheld from a respondent in FMPO proceedings

Ratio Decidendi

Given the significance of the closed material to the justification for the FMPOs and the profound impact of the orders on the family, the appointment of a Special Advocate is a proportionate and necessary means to accommodate the father's Article 6 rights while protecting the children's fundamental rights. No other mechanism would allow for fair disposal of the applications where the respondent contests the orders and cannot scrutinise the closed evidence.

Court Disposition

Special Advocate to be appointed to represent the father's interests in relation to disclosure and at any final hearing if closed material remains undisclosed.

Orders

  • Special Advocate to have open conference with father and his representative.
  • Special Advocate to be provided with closed material and prepare submissions on disclosure.