W (Children), Re SW (No 2)

W (Children), Re SW (No 2)

Permission is granted for SW to disclose and communicate specified documents from the care proceedings to the European Court of Human Rights and the proposed Respondent, subject to safeguards to protect the anonymity and private life of the children and family, in accordance with the Rules and procedures of the European Court of Human Rights.

Parties
Applicant: SW; Proposed Respondent: State of the United Kingdom
Jurisdiction
England and Wales
Judgment Date
20 November 2017
Procedural Posture
Family / Application for Directions to Permit Disclosure for European Court of Human Rights Proceedings
Outcome
Application granted
Legal Topics
Disclosure of Court Documents, Anonymity in Legal Proceedings, Access to Justice, European Court of Human Rights Applications
Family Law Human Rights Law Civil Procedure Disclosure of Court Documents Anonymity in Legal Proceedings Access to Justice European Court of Human Rights Applications

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Parties

SW

Applicant

State of the United Kingdom

Proposed Respondent

Procedural Posture

Family / Application for Directions to Permit Disclosure for European Court of Human Rights Proceedings

Legal Issues

  1. 1 Whether SW should be permitted to disclose documents from care 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 and communicate specified documents from the care proceedings to the European Court of Human Rights and the proposed Respondent, subject to safeguards to protect the anonymity and private life of the children and family, in accordance with the Rules and procedures of the European Court of Human Rights.

Court Disposition

Application granted

Orders

  • Permission granted for SW to disclose and communicate specified documents from the care proceedings and appeal to the European Court of Human Rights and the proposed Respondent, subject to safeguards.
  • SW must apply for anonymity and restriction of public access to documents in accordance with ECtHR Rules 33 and 47(4) and the Practice Direction on Requests for Anonymity.