SK (Father) v RO (Mother)

SK (Father) v RO (Mother)

Appointment of a Special Advocate is necessary to ensure fairness in proceedings involving closed material, and West Midlands Police should pay the costs of the Special Advocate, capped at £15,000, due to their partial ownership of sensitive material and funding constraints.

Parties
Applicant: SK; Respondent: RO; Interested Party: West Midlands Police
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Private Law Family Case / Interlocutory Decision
Outcome
Special Advocate to be appointed; West Midlands Police to pay costs capped at £15,000; final hearing scheduled.
Legal Topics
Child Arrangements Order, Closed Material Procedure, Special Advocate Appointment, Funding of Special Advocate, Domestic Abuse Allegations, Disclosure of Sensitive Material
Family Law Human Rights Law Child Arrangements Order Closed Material Procedure Special Advocate Appointment Funding of Special Advocate Domestic Abuse Allegations Disclosure of Sensitive Material

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Parties

SK

Applicant

RO

Respondent

West Midlands Police

Interested Party

Procedural Posture

Private Law Family Case / Interlocutory Decision

Legal Issues

  1. 1 Whether a Special Advocate should be appointed in family proceedings involving closed material
  2. 2 Who should bear the costs of appointing a Special Advocate
  3. 3 Balancing Article 6 fair trial rights with Articles 2 and 3 ECHR safeguarding obligations

Ratio Decidendi

Appointment of a Special Advocate is necessary to ensure fairness in proceedings involving closed material, and West Midlands Police should pay the costs of the Special Advocate, capped at £15,000, due to their partial ownership of sensitive material and funding constraints.

Court Disposition

Special Advocate to be appointed; West Midlands Police to pay costs capped at £15,000; final hearing scheduled.

Orders

  • Attorney-General requested to appoint a Special Advocate to represent the Father's interests with SASO assistance.
  • West Midlands Police ordered to pay Special Advocate's costs capped at £15,000.