W (Children), Re SW (No 2) [2017] EWFC 74 (20 November 2017)

W (Children), Re SW (No 2) [2017] EWFC 74 (20 November 2017)

Permission is granted for SW to disclose documents from the family proceedings for the purpose of her application to the European Court of Human Rights, subject to safeguards to protect the anonymity and private life of the children and family, in accordance with the relevant rules and practice directions of the European Court of Human Rights.

Citation
[2017] EWFC 74
Parties
Applicant: SW; Proposed Respondent: State of the United Kingdom
Jurisdiction
England and Wales
Judgment Date
20 November 2017
Procedural Posture
Family Court Application for Directions / Post Judgment, Application for Directions to Facilitate Proceedings Before the European Court of Human Rights
Outcome
Application granted
Legal Topics
Disclosure of Court Documents, Anonymity in Legal Proceedings, Access to European Court of Human Rights, Misfeasance in Public Office, Damages Under Human Rights Act 1998
Family Law Human Rights Disclosure of Court Documents Anonymity in Legal Proceedings Access to European Court of Human Rights Misfeasance in Public Office Damages Under Human Rights Act 1998

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Parties

SW

Applicant

State of the United Kingdom

Proposed Respondent

Procedural Posture

Family Court Application for Directions / Post Judgment, Application for Directions to Facilitate Proceedings Before the European Court of Human Rights

Legal Issues

  1. 1 Whether SW should be permitted to disclose documents from family proceedings for the purpose of an application to the European Court of Human Rights
  2. 2 What safeguards are necessary to protect the anonymity and private life of the children and family involved

Ratio Decidendi

Permission is granted for SW to disclose documents from the family proceedings for the purpose of her application to the European Court of Human Rights, subject to safeguards to protect the anonymity and private life of the children and family, in accordance with the relevant rules and practice directions of the European Court of Human Rights.

Court Disposition

Application granted

Orders

  • Permission granted for SW to disclose and communicate necessary documents and judgments from the care and appeal proceedings to the proposed Respondent and the European Court of Human Rights, subject to specified safeguards.
  • SW must apply for anonymity and restriction of public access to documents and annexes in the Strasbourg proceedings as per ECtHR rules.